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Home My WebLink About422 Dog Ordinance (Animals) chi : �.5, 5U Qj ct 3-Q-P 1 15- 03 ORDINANCE NO. 422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS , FLORIDA, RESTRICTING THE KEEPING OF ANIMALS ; REQUIRING THE LICENSING OF DOGS AND KENNELS ; MANDATING THE VACCINATION OF DOGS AND CATS ; PROVIDING FOR KENNEL MAINTENANCE AND INSPECTION; PROHIBITING DOGS FROM RUNNING AT LARGE AND III EMPOWERING THE IMPOUNDMENT THEREOF; PROHIBITING DOGS FROM BEING A NUISANCE; ALLOWING FOR EMPOWERING ANIMAL CONTROL OFFICERS TO INVESTIGATE POSSIBLE 'RABIES CASES; PROVIDING FOR ENFORCEMENT AND DECLARING PENALTIES FOR VIOLATION OF THIS ORDINANCE; DECLARING THAT VIOLATION OF THIS ORDINANCE SHALL CONSTITUTE A PUBLIC NUISANCE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Zephyrhills , Florida, sitting in regular session, that : SECTION 1 : Hogs Shall Not Be Kept : It shall be unlawful for any person to pen, confine, or otherwise keep pigs or hogs within the corporate limits of the City of Zephyrhills . SECTION 2: Grazing Animals Restricted To Specific Zoning Dis- trict : Grazing animals (such as horses , cattle, goats and sheep) may be kept within Estate Residential (ER) , Light Industrial (LI) , or Conservation/Recreation (CR) zoning districts and Planned Unit Developments with specific provisions , provided no animal enclosure other than fenced pasture is within one hundred (100) feet of a prior-existing residential structure or a residential zoning district other than Estate Residential (ER) and further provided that the total number of such animals shall not exceed two (2) per acre. SECTION 3: Keeping Poultry: It shall be unlawful to keep within the City, more than twenty-five (25) poultry per household. For purposes of this 11111 Ordinance, poultry shall be defined as : chickens , geese, ducks , turkeys , guineas , peafowls , pigeons and other traditionally domesticated fowl . Owners of poultry are required to keep such animals t'1 .. 2, o e4fie. „, . JP•� -r� 3 y,1y E 0. R. 1624 PG 0605 securely confined. Such confinement shall not be within one hundred (100) feet of a prior-existing residential structure. SECTION 4: Keeping Domestic Animals Other Than Dogs or Cats : Keeping domestic animals is permitted, provided all relevant public health and safety requirements of the State of Florida and Pasco County are observed, and that the keeping of the animal does not constitute a nuisance to the community. For purposes of this Ordinance , domestic animals shall be dogs or cats and any other animal so designated by resolution of City Council of the City of Zephyrhills . SECTION 5 : Keeping Non-Domestic Animals Requires A Specific Resolution of City Council : Keeping of any non-domestic animal within the corporate limits of the City of Zephyrhills will require specific approval , with conditions expressed in a Resolution of the City Council . Any animal not designated domestic by Resolution of the City Council of the City of Zephyrhills , shall be- i timed a non-domestic animal for purposes of this Ordinance. SECTION 6 : Keeping Dogs or Cats : 6 . 1 Dog Licenses : Every person who owns or harbors any dog within the City Limits of Zephyrhills , which is over the age of six (6) months shall secure from the City or a duly authorized veterinarian, a license tag for each dog so owned or harbored. The City or duly authorized veterinarian shall issue a license or tag after collection of an appropriate license fee and after proof of administration of vaccination against rabies by a licensed veterinarian or upon receipt of an exemption certificate executed by a licensed veterinarian. Every person who owns or harbors four (4) or more dogs 1111 over the age of six (6) months within the City of Zephyrhills must secure a City Occupational License to operate a kennel . -2- 0. R. 1624 PG 0606 Said kennel must be located within a Community Commercial (C- 3) or Light Industrial (LI) zoning district . _- Dog license tags and kennel licenses shall be renewed annually by the person owning or harboring the dog only after _ said _dog has been vaccinated against rabies or exempt from such vaccination under the terms of this Ordinance. 6.2 Vaccination Against Rabies Required: Every person who owns or harbors any dog or cat over the age of six (6) months in the City of Zephyrhills shall have such dog or cat vaccinated annually against rabies , by a licensed veterinarian. Evidence of vaccination shall consist of a current County Certificate issued and signed by the veterinarian administering the vaccine. An exception from the required vaccination may be given when: 1 . ) A licensed veterinarian has examined the animal and certified that at such\time vaccination would endanger its health because of its age, infirmity, debility, illness or III other medical consideration; and 2 . ) Such exception certificate is recorded by the veterinarian following such examination. An exempted animal shall be vaccinated against rabies as soon as its health permits , and shall wear a tag as required in this Ordinance. The cost of the rabies vaccination shall be borne by the person owning or harboring the animal . 6. 3 Kennel Maintenance and Inspection: The owners and operators of any kennel shall be responsible for the proper feeding and care of all animals in their control or harbored in their kennel . -111 The owners and operators of any kennel shall be responsible for maintaining their premises in a :clean and sanitary condition. -3- 0. R. 1624 PG 060? The premises of any kennel may be periodically inspected, during reasonable business hours of said establishment , by the Animal Control Officer or his/her agent for the purpose of determining whether the kennel is in compliance with the standards set forth above. Upon a determination that the owners or operators of the kennel are not in compliance, the Animal Control Officer or his/her agent shall issue a Notice of Violation stating the rea$ons for non-compliance. The premises shall be reinspected by the Animal Control Officer within five (5) days after the issuance of such a Notice of Violation. If, upon reinspection, the conditions of non- compliance have not been corrected, the owners or operators of the kennel shall be deemed to be in violation of this Ordinance and subject to the sanctions provided for in this Ordinance. 6 .4 Running at Large Prohibited - Impounding of Dogs : It shall be unlawful for any person who owns or harbors any dog to allow or permit the same to roam, wander, or run at large in, on, or about any public street , roadway, or place in the City of Zephyrhills , or in, on, or about the private property of any person or persons other than that of the person who owns or harbors said dog. Except as herein provided, all dogs whenin, on, or about the public streets , roadways , or places in the City of Zephyrhills or when in, on or about the private property of any person or persons other than that of the person who owns or harbors said dog, shall be under the direct control and supervision of a person who is capable of controlling and managing said dog. It shall be unlawful for the owner of any dog to tie, chain, or tether a dog such that it has access to public property or the property of another without the consent of -4- Q.R. X62 4 the owner of such property. Any dog not under direct control foundroaming, wandering, or running at large in, on or about any public street , roadway, or place in the City of .Zephyrhills , or in, on, or about the private property of any person or persons 111 other than the owner or custodian may be impounded by the Animal Control Officer, or his/her agent , or any Law Enforcement Officer. When such animal is impounded, it shall be held for a period of at least six (6) days during which period the owner shall be notified, if possible. Reasonable diligence shall be exercised by the enforcement officer in ascertaining the ownership of said animal . Any dog which is wearing a license tag, or traceable identification, and which is impounded, shall not be disposed of for at least one hundred and forty-four (144) hours. The Animal Control Officer shall make a reasonable effort to notify the owner of an impounded licensed dog, .. where traceable, that the animal has been impounded and may be picked up during the normal working hours at the City shelter. The final responsibility for locating an impounded animal shall be that of the owner. 6. 5 Licensing Required for Release of Impounded Dogs : No dog shall be released from impoundment unless the dog has been properly licensed as required under this Ordinance, and all fines and fees for the transportation, board and licensing of said dog have been paid. 6. 6 Confinement of Female Dogs in Heat : All female dogs in heat shall be confined in a building, secure . enclosure,: veterinary hospital , or boarding kennel in such a manner that IIIsuch female dog cannot come in contact with another dog. This provision shall not apply when contact is initiated by -5- 4 pG _ 0609--�j an owner for the purpose of intentionally breeding the dog with another dog and under circumstances and conditions. consistent therewith. Any owner of a female dog which is not so confined shall be deemed in violation of this. Ordinance. 6. 7 Dogs Constituting a Nuisance Prohibited: It shall be unlawful for any person to own, harbor, or keep any dog that becomes a nuisance to the community. A nuisance, for the purpose of this Ordinance, shall include, but is expressly not restricted to the following: a. Frequent barking, howling, or making of noise between the hours .of .11:00 p.m. and 6:00 a.m. ; b. Frequent or continuous barking, howling, or making of noise forperiods of ten (10) minutes or more at any time; c. Digging into, breaking, or otherwise injuring or damaging of shrubbery, trees , lawns , garbage, stored materials , or public or private property; d. Depositing of excreta on private property not belonging to the owner of the animal; 111 e. The molesting or attacking, without provocation of passersby, passing vehicles , or other animals; f. Therunning at large of a dog upon public or private property. 6.8 Establishment of Fees and Charges : The City Council shall by separate Resolution, establish the amount for fees and charges mandated by this Section. SECTION 7 : Duties of Animal Control. Officers. in Suspected Ra- bies Cases : Whenever the County Health or Animal Control Officers are informed that any animal has bitten or scratched any person or any animal is suspected of having or showing suspicious symptoms of rabies or any other infectious disease which is deemed a danger to human life, said officers shall: a. Capture said animal. In the capture of such animal , -6- v _ �. R. 1624 P6 _ 0610 ; the animal shall not be killed unless the animal ' s destruction is necessary to eliminate a clear and present danger of harm or injury to person or persons . b . Place such animal in quarantine in the City Animal Shelter for observation for a period of not less than ten (10) days after the bite or scratch, provided however, any 11/ owner of any dog or cat vaccinated by a licensed veterinarian with an approved anti-rabies vaccine within the past twelve (12) months , next before said bite or scratch may, after receiving approval of the County Health or Animal Control Officer have such dog or cat quarantined and confined in a place other than the City Animal Shelter. If at any time during the quarantine it is determined by the County Health or Animal Control Officer that the quarantine is not properly maintained to the end of insuring the isolation of the animal , the privilege of this exemption shall be revoked. If this exemption shall become inapplicable, the Animal Control Officer, at the owners expense , - shall impound the animal in the City Animal Shelter. c. Any animal under quarantine shall not be released or moved from the place of the initial quarantine confinement unless permission is obtained from the County Health Officer. The owner, if any, shall bear the cost of the care, feeding, and maintenance of a quarantined animal . If quarantine is maintained at the City Shelter, the care, feeding and maintenance fee shall be established by Resolution of the City Council . d. Failure to surrender any animal for quarantine or destruction as required herein, when demand is made therefore by the Animal Control Officer shall be punishable as provided for by this Ordinance. Whenever the County Health or Animal Control Officers -7- 0. R._=1624 PG 0611 have reason to believe that any animal is afflicted with any infectious disease not deemed a danger to human life or manifests any unusual behavior, the above provisions and duties of the Animal Control Officers shall apply, however, said Officers shall provide the owner of said animal , reasonable time, if requested, to take said animal to a veterinarian at the owner ' s expense. SECTION Enforcement : City Council shall appoint necessary personnel , designate the proper agencies , and promulgate and establish the necessary rules and regulations for the proper enforcement of this Ordinance. For the purposes of enforcing this Ordinance, all Animal Control Officers as well as all Law Enforcement Officers are considered authorized to enforce the provisions of this Ordinance. For the purpose of carrying out the provisions and requirements of this Ordinance, and all rules and regulations made pursuant thereto , those employees duly authorized by the City Council are empowered to investigate possible violations ; inspect premises in order to determine whether all dogs or cats located thereon be properly vaccinated and licensed; to issue violation warnings and citations to persons violating this Ordinance; and to impound animals as required or authorized by this Ordinance. These duly authorized individuals shall have the authority to investigate all alleged violations , to obtain such warrants as are necessary to such investigations , to provide evidence to the State Attorney, and to testify on matters relating to this Ordinance or investigations conducted in accordance with 1111 this Ordinance. The City Council is authorized and empowered to enter -8- .0. R. 1624 PG 0612 into an agreement with private humane societies , other municipalities , veterinarians or veterinary facilities for the purposes of implementing the provisions of this Ordinance. SECTION 9 : Violations : It shall be unlawful for any person to violate or to aid, abet , or assist in the violation of any of the provisions or terms of this Ordinance. Any person in violation of this Ordinance shall be deemed to be performing an unlawful and prohibited act . For violations of this Ordinance, the enforcement officer shall have the discretion either to : a. Issue a warning with no civil penalty; or b . ,Issue a citation for a fine in an amount designated by the Pasco County Court , Uniform Fine Schedule, Local Ordinance Violations which the City of Zephyrhills does hereby adopt . Any violation of this Ordinance which is not designated by said Pasco County Court , Uniform Fine Schedule, Local Ordinance Violations , shall be deemed a Class V. violation. Any person who willfully refuses to sign and accept a citation or notice to appear shall be guilty of a misdemeanor of the second degree, punishable as provided by F. S. 775 .082 , 775.083, or 775 .084. Issuance of a citation or warning to an adult member of the household in which an animal resides shall be deemed notice of the citation or warning to all members of the household. . Any person cited with a violation of this -Ordinance shall pay the civil penalty within ten (10) days of the date of receiving the citation. If a person cited for a violation of this Ordinance denies a violation, that person may demand a -9- , 0.8. 1624 PG 0613 ! Non-Jury Hearing before the County Court . Should a person desire a Non-Jury Hearing on a violation, that person shall inform the Clerk of Circuit Court in and for Pasco County, Florida, in writing within ten (10) days after issuance of the citation. In the event an animal is impounded for violation of this Ordinance and the owner of the animal abandons the animal to the Animal Control Division, the owner remains liable for the civil penalties imposed for violation of this Ordinance. It shall be unlawful to transfer any license tag from the animal for which said tag was issued to another animal . It shall be unlawful for any person to destroy or tamper with any equipment utilized by any Animal Control Officer in the performance of his/her duties . - It shall be unlawful for any person to interfere with the performance of the duties of any Animal Control Officer or agent designated in accordance with this Ordinance. SECTION 10: Public Nuisance: A violation of this Ordinance is hereby declared to be a public nuisance and an imposition upon the citizens and residents of the City of Zephyrhills . SECTION 11 : Penalties , Citations , Fines , Injunctive Relief: Any persop adjudged, after a Non-Jury Hearing, to be in violation shall be deemed to be guilty of a civil infraction and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) . If such violation is a continuing violation, each day the violation continues shall constitute a separate offense. The person or persons responsible for enforcing the provisions of this Ordinance, ' and any Law Enforcement Official , are hereby authorized to issue citations under State Statute 828. 27 . The minimum fine which may be imposed -10- 0. R. 1624 PG 0614 upon a person convicted fora violation of this Ordinance shall be that set out in the fine schedule established under said system. Violation of any of the provisions of this Ordinance may also be enforced by injunction, and such suit or action for injunction may be instituted and maintained in the name of III the City of Zephyrhills , Florida. SECTION 12 : No Conflict With Prior Ordinance: - Nothing in this Ordinance is to be interpreted-" as conflicting with or superseding prior Ordinancesof the City_^ of Zephyrhills , pertaining to keeping of animals . ' ' v SECTION 13: Effective Date: This Ordinance shall become effective upon third reading and signing by the Mayor. The foregoing Ordinance No. 422 was read and passed on its first reading by the City Council of the City of Zephyrhills , Florida on the 26th day of May , A.D. , 1987 . /3-1.---&-Lc--,N) O. Z E F. . ..0, G RIA�� o . i-.. BROWN �;. / 't- President of City Council ATT-B:Iti , _ _�� OrfIE HOL ' The foregoing Ordinance No. 422 was read and passed on its second reading by the City Council of the City of Zephyrhills , Florida on the 22nd day of June , A.D. , 1987 . ®c ZE P�fy-- GLORI BROWN � . ,//' / President of City Council ATF,S :/`- _ / 0.4y, -0 E HOLT. '9 - r zf, -'� - ,- o t,' -11- O.R. 1624 s G 0615_`', 1 The foregoing Ordinance No. 422 was read acid passed on its third reading by the City Council of the City of Zephyrhills', Florida on the 6th day of July , A.D. , 1987 . _ , k&s.c.o.._ ` 7 '-`'.1'j Q GLORIA BROWN 11/ President of City Council =z J - • -,,4 1,Y CLERK • _ .. ,le-:f-orda-ding Ordinance No . 422 was approved by me 6 ori- 1 I;t;T Y �Gth . day of July A.D. , 1987 . / t•-___za_ i)fir: / MAYOR / III- N 4- tij- _ \ C .C Yn i RECORD VERIFIED . r', i__ , -- ..s. 4 _ ).D •ITTMAN'. .r , , By i 1,141.-1,141.- " -12- - O. R. 1624 PG 0616