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HomeMy WebLinkAboutOrdinance 797 A -e ORDINANCE 797 If First reading_Oct_16,_1984 Second reading Nov. 6, 1984 AN ORDINANCE FOR THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA; PERTAINING TO THE PROPER AND HUMANE CARE OF DOM- ESTIC ANIMALS FOR THEIR WELFARE AND FOR THE WELFARE OF THOSE PERSONS AROUND THE SAID ANIMALS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: SECTION I: Confinement of animals and fowl prohibited (a) It shall be unlawful for any person to confine in pens or otherwise, or to keep upon any property, in the city, any swine, cows, horses, or other animals dom- estic or otherwise, except this section shall not apply to dogs. (b) It shall be unlawful for the owner or owners of any chickens or other fowl to keep same in the City run at large in the City of Ocoee. SECTION II: Definitions (a) Animal shelter. Any premises or facilities designated by any governmental entity as a facility for the purpose of impounding and caring for animals. (b) Animal welfare officer. The person de- signated by the city or Orange County as its enforcement off- icer, and any duly authorized law enforcement agent. e (c) At-large animal. Any animal which shall be off of the premises of the owner and which is not under, or in the control of the owner or other responsible person by means of a leash, chain, or effective voice command. (d) Effective voice command. Voice control by a competent person which at all times prevents the animal from, in any manner, disturbing the peace, comfort, property, safety, and general welfare of any person. (e) Nuisance. Conduct causing habitual noise or habitual disturbance of the peace, comfort, welfare or injury to public safety. e (f) Vicious animal. Any animal which has made an unprovoked attack on any person, animal or which has caused bOdily harm to any person. SECTION III: Licenses (a) Required; application; prerequisits to issuance. No person shall own, keep or harbor any dog within the city limits unless such dog is licensed as herein provided. Written applicaton for such license shall be made to Orange County and shall state the name and address of the ownerand the name, breed, color, age and sex of the dog. The license fee shall be paid at the time of making application, a numbered receipt given to the applicant, and a numbered tag shall be issued unless the dog for which the license is to be issued has been vaccinated against rabies by a licensed veterinarian practicing in the county within one year of the date of application. (b) Fee. The yearly license fee shall be set by the county for each dog over the age of four (4) months. (c) Kennel Fee. Every person, group of persons or corporation engaged in the commercial business of buying, selling, breeding or boarding and who owns, harbors or keeps four (4) or more dogs in a kennel shall pay an annual city occupational license fee; provided, however, that any person operating such kennel may elect to license individual dogs as provided in subsection (b) of this section. (d) Term; renewal. All dog licenses shall be issued for one year beginning with the first day of January. Applications for licenses may be made prior to February first after the start of the licensing year without penalty. (e) Transferability. If there is a change in ownership of a dog or kennel during the license year, the new owner may have the current license transferred to his name upon application to the city. (f) Use of receipt or tag issued for another dog. No person shall use for any dog a license receipt or license tag issued for another dog. e (g) License Tags; specifications. Upon complying with the provisions of Section III, there shall be issued to the owner a numbered tag, stamped with the number and the year for which issued. The shape, color and design of such tag will be determined and issued by the County. (h) Fastening tag to collar or harness. Every owner is required to see that the tag is securely fastened to the dog's choke chain, collar or harness which must be worn by the dog at all times unless the dog accompanied by owner e e is engaged in hunting or other sport where a collar might endanger the dog's sarety. SECTION IV: At-large and vicious animals (a) It shall be unlawrul ror any animal to run at large in any public park, public playground or recreation area or upon any other pUblic property or orr the premises or the owner. The owner, or person in charge or possession or any animal, shall be strictly liable under the provisions of this article. (b) It shall be unlawrul ror any person having charge, care, custody or control or any at-large or vicious animal to rail to restrain said animal by leash, chain or in a properly conrined or fenced area or under erfective voice control. Any at-large animal or vicious animal not properly restrained shall be impounded. (c) It shall be unlawrul ror any person owning or having care, custody or control or an animal to allow said animal to become a public nuisance. SECTION V: Impoundment. . (a) Length or conrinement; disposal or animals. Unlicensed dogs, or animals round running at large, or vicious animals, shall be taken by the animal welrare orricer and impounded in the animal shelter and there conrined in a humane manner ror a period or not less than rive (5) days and may therearter be disposed or in a humane manner ir not sooner claimed by their owners. Animals not claimed by their owners berore the expiration or rive (5) days may be disposed or at the discretion or such authority, except as hereinarter provided in the cases of certain dogs and cats. No compensation shall be paid to the owner. (b) Transrer to humane society or title to animal. The animal welrare orricer may, at his discretion, transrer title or all animals held by it at its animal shelter to the Humane Society Animal Shelter arter the legal detention period has expired and the animal has not been claimed by its owner. (c) Alternative procedure when owner or animal at large is known. When animals are round running and their ownership is known to the animal welrare and ir such animals cannot be impounded, the animal orricer shall enrorce the provisions or this section. running at large orricer, welrare (d) Notice to owner. Immediately upon impounding dogs or other animals, the animal welrare orricer shall make every reasonable errort to notiry the owners or such dogs or other animals so impounded and inrorm such owners or the conditions whereby they may regain custody or such animals. e (e) Animals other than dogs and cats. Animals other than dogs and cats shall be impounded when found running at large within the city limits and disposed of in accordance with the law. SECTION VI: to redeem. Redemption of animals; disposition upon failure (a) The owner shall be entitled to resume possession of any impounded animal, upon compliance with the license provisions and the payment of impoundment fees set forth herein. Proof of ownership must be given. Proof of ownership may include a license receipt, affidavits of nieghbors, a photograph, etc. (b) Any other animal impounded underthe provisions of this article may be reclaimed by the owner upon payment of impoundment fees set forth herein. (c) Any animal impounded under the provisions of this article and not reclaimed by its owner within five (5) days may be humanely destroyed or poalced in the custody of some person deemed to be a responsible and suitable owner who will agree to comply with the provisions of this article and such other regulations as shall be fixed by the city or county. Provided, if the animal is one as to which the respective rights of the owner and the person in possession or custody are determined by state law, such law shall be complied with. SECTION VII: officer Impoundment fees; collection by animal welfare herein welfare animal kept. Any animal impounded hereunder may be reclaimed as provided upon payment by the owner to the animal officer the sum determined by the county for each and an additional sum for each day such animal is SECTION VIII: Confinement of certain animals e (a) Dangerous or vicious dogs. The owner shall confine within a building or secure enclosure every fierce, dangerous or vicious dog and not take such dog out of such bUilding or secure enclosure unless such dog is securely muzzled. dog or secure kennel oome (b) Female dogs or cats in heat. cat in heat shall be kept oonfined in a enclosure or in a veterinarian hospital in such manner that such female dog or in oontact with another dog or cat Every female building or or boarding oat cannot except for li intentional breeding purposes. e (c) Impoundment of animals violating confinement. Any animal described in the foregoing subsections of this section found at large shall be impounded by the animal welfare officer and may not be redeemed by owners unless such redemption be authorized by any court having jurisdiction. (d) Redemption of animals impounded as nuisances. Any dog, cat or other animal impounded for being a public nuisance may not be redeemed unless such redemption is authorized by any court having jurisdiction. (e) Redemption of animals to be destroyed. When, in the judgment of the animal welfare officer of the humane society, an animal should be destroyed for humane reasons, such animal may not be redeemed. SECTION IX: Reports of persons bitten animals It shall be the duty of every physician or other medical practitioner to report to the County health officer the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control. SECTION X: Interfering with or hindering animal welfare officer in performance of duties. No person shall interfere with, hinder or molest the animal welfare officer in the performance of any duty of such agent or seek to release any animal in the custody of the animal welfare officer except as herein provided. SECTION IX: The City of Ocoee hereby adopts the Orange County Animal Control Office as the only animal control agency in authority within the City of Ocoee, Florida. Any items not specifically addressed in this ordinance shall fall under the authority of the Orange Animal Control Ordinance. SECTION XII: ordinance, that repealed. Any previous ordinance, or part conflicts with this ordinance, is of an hereby e SECTION XIII: If any portion of this ordinance is declared void, or otherwise unconstitutional, the remainder of the ordinance shall remain in effect. SECTION XIV: This ordinance shall ake effect 45 days after passage, to enable all citizens to have adequate time to come into compliance voluntarily. ENACTED THIS 6th , day 0 f November , 1984. I:; e ATTEST: ~t~ t1AYOR L (i~ ex;. CLuv/u Deputy City Clerk e f,