HomeMy WebLinkAbout478 Amending Animal Ordinance 41C0I'D-
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ORDINANCE NO. 478
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��f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ZEPHYRHILLS , FLORIDA, AMENDING ORDINANCE
om- �1 � 1 NO. 422 AND IN PARTICULAR, AMENDING SECTION
,.. - 0 �i ° 6. 1 CITYTHEREOF LICENSEO TAGGUIRE PURCHASE AND REQUIRING ATHAD TISAALACITY
1N OCCUPATIONAL LICENSE BE SECURED TO OPERATE A
KENNEL WITHIN THE CITY; PROVIDING FOR
INCLUSION IN ORDINANCE NO. 422 OF SECTION
III 6 . 71 , PROHIBITING CRUELTY TO ANIMALS; AMENDING
ORDINANCE NO. 422 TO INCLUDE A NEW SECTION
6. 72 WHICH DEFINES VICIOUS ANIMALS ; PROHIBITS
THEIR PRESENCE IN ZEPHYRHILLS UNLESS SECURELY
ENCLOSED, REQUIRING SAID ANIMALS TO BE LEASHED
AND MUZZLED WHEN BEYOND THEIR PREMISES AND
REQUIRING THE OWNER OF A VICIOUS ANIMAL TO
POST WARNING SIGNS UPON PREMISES ; AND AMENDING
ORDINANCE NO. 422 TO INCLUDE A NEW SECTION 14,
WHICH SHALL CREATE DEFINITIONS FOR USE IN
ORDINANCE NO. 422 .
BE IT ORDAINED by the City Council of the City of
Zephyrhills , Florida, sitting in regular session, that :
SECTION 6 . 1 of Ordinance No . 422 is hereby amended and
henceforth shall read as follows :
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. Every owner shall cause said tag to be
displayed on the animal at all times unless specifically
exempted by this Ordinance. Each owner shall cause said
animal license tag to be securely fastened, by chain or other
substantial devise, about the animal ' s neck so as to be
clearly visible at all times . Provided, however, dogs
wearing collars with riveted metal plates bearing a current
license tag number shall be deemed to meet the requirements
of this section when the owner has procured the required
license tag.
IIThe City or duly authorized veterinarian shall issue a
-.: license or tag after collection of an appropriate fee and
,
after proof of administration of vaccination against rabies
&na-.,4e/fe.et, by a licensed veterinarian or upon receipt of an exemption
to o ,t certificate executed by a licensed veterinarian.
6131. s.1. - Every person who owns or harbors four (4) or more dogs
O. R. 1735 PG 0970
over the age of six (6) months within the City of
Zephyrhills , must secure a City Occupational License to
operate a kennel . Said kennel must be located within a
Community Commercial (C-3) or Light Industrial (LI) zoning
district.
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Dog license tags and kennel licenses shall be renewed
annually by the person owing or harboring the dog only after
said dog has been vaccinated against rabies or exempt from,
such vaccination under the terms of this Ordinance.
BE IT FURTHER ORDAINED, by the City Council of the City
of Zephyrhills , Florida, that the following Section shall be',
incorporated in Ordinance No. 422 and hereinafter referred to
as Section 6 . 71 .
SECTION 6 . 71 : Cruelty to Animals Prohibited:
A. It shall be unlawful for any person to be cruel to or[
to commit a cruel act upon any animal . "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 the same 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.
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3. Any person who shall poison, put out, or place poison
at any point or place outside, where dogs and cats may secure
the same 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 from another
animal shall be exempt from the provisions of this section.
BE IT FURTHER ORDAINED, by the City Council of the City
of Zephyrhills , Florida, that the following Section shall be
incorporated in Ordinance No. 422 and hereinafter referred to
as Section 6 . 72 .
SECTION 6. 72 : Vicious Animals :
1 . Vicious Animal : Shall mean any animal with a known
propensity, tendency or disposition to attack unprovoked, to
cause injury to, or otherwise threaten the security safety of
human beings or domestic animals if it were not kept in a
manner required by this Ordinance; or
Any animal which, without provocation, attacks or bites ,
or has attacked or bitten, a human being or domestic animal ;
or
Any animal owned or harbored primarily or in part for the
purpose of dog fighting, or any dog trained for dog fighting.
2. Enclosure of Vicious Animals : It shall be a
violation of this Ordinance for any person to keep , harbor,
or own any vicious animal within the City of Zephyrhills
unless the animal is confined in a securely enclosed and
locked pen or structure upon the premises of the owner of the
animal . The pen or structure must have secure sides and a
secure top attached to the sides . If the pen or structure
has no bottom secured to the sides , the sides must be
embedded into the ground no less than one foot. All such
pens or structures must be adequately lighted and kept in a
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O. R. 1735 PG 0972
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clean and sanitary condition.
3 . Lease and Muzzle: The owner of a vicious animal
shall not suffer or permit the animal to go beyond the
premises of the owner unless the animal is securely muzzled
and restrained by a chain or leash, and under the physical
restraint of a person. The muzzle shall be made in a manner
that will not cause injury to the animal or interfere with
its vision or respiration, but shall prevent it from biting
any human or animal .
4. Signs : The owner of a vicious dog shall display in a
prominent place on his or her premises , a clearly visible
warning sign indicating that there is a vicious dog on the
premises . A similar sign is required to be posted on the pen
or kennel of the animal .
5. Vicious Animal Impoundment - Custody Hearing:. A Law
Enforcement Officer or Animal Control Officer may impound a
vicious animal under the following circumstances :
a. The vicious animal is running at large.
b. The vicious animal has caused physical damage to',
a person or serious physical damage to a domestic animal ,
ninety (90) days or less , prior to the date of impound.
Once a vicious animal is impounded pursuant to this
Section, the City of Zephyrhills shall file a Petition for'
custody of the animal in the County Court within sixty (6O),
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 andl .
that the owner has failed to properly confine and. supervise
the vicious animal as required by this Ordinance, the County
Court shall remand custody of the animal to the City of
Zephyrhills Animal Control . Animal Control may destroy or
otherwise dispose of the vicious animal anytime seven: (7)
days after rendition of the Order remanding the animal to the',
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0. .R. 1735 pR
0973
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custody of the City of Zephyrhills Animal Control .
BE IT FURTHER ORDAINED, by the City Council of the City
of Zephyrhills , Florida, that the following Section shall be
incorporated in Ordinance No. 422 and hereinafter referred to
as Section 14.
SECTION 14: Definitions : For purposes of this Ordinance,
the following words as used herein are defined as :
1. ANIMAL: Shall be held to include every living dumb
creature.
2. ANIMAL CONTROL OFFICER: Shall mean any person
employed or appointed by the City of Zephyrhills as Animal
Control Officer, who is authorized to investigate, on public
or private property, civil infractions relating to animal
control or cruelty, and to issue citations as provided in
this Ordinance.
3 . AT LARGE: Shall be a term applied to an animal which
is not underthe 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 Ordinance.
4. CAT: Shall mean domestic cat , felis catus .
5 . DIRECT CONTROL: Shall mean 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 same.
6. DOG: Shall mean domestic dog, canis familiaris .
7 . GOOD AND WHOLESOME FOOD: Shall mean palatable
nutriment appropriate for the type of animal it is fed to;
free fromcontamination, and of sufficient nutritive value to
maintain such animal in good health.
8. HARBOR: Shall mean to own, feed, shelter, keep,
maintain, or control an animal and shall include permanent
and temporary harboring of animals .
9. KENNEL: Shall mean any premises wherein a person is
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p.Re 1735 PG 0974
it
engaged in the business of boarding, breeding, buying;
letting for hire, training for a fee, or selling dogs or
cats .
10. PERSON: Shall mean natural person or persons , ' firmj
association, or corporation, or other legal entity.
11 . PET: Shall mean any animal kept for pleasure rather
than utility.
12 . PREMISES : Shall mean land and all structures and
articles appurtenant or attached thereto which are owned,
leased, occupied, or controlled by a person.
13 . SHELTER: Is minimally defined as a three-sided
roofed and floored structure which is moisture and wind-
proof, made of a durable material of suitable size to
accommodate the animal it is provided for, designed to retain
the animals heat and to protect the animal from the elements .'.
14. TAG: Shall mean a current City of Zephyrhills animal,
license tag.
15 . WATER: Shall mean potable water free from
contamination.
16 . WILD ANIMAL: Shall be held to include every living�,
dumb creature belonging to a species which will normally bei
found in the wild state, meaning found primarily in a natural;
state or wild environment . -
The foregoing Ordinance No. 478 was read and
passed on its first reading by the City Council of the City'
of Zephyrhills , Florida on the 11th day of July
A.D. , 1988.
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c1► A 'L ON GALSTE'
$a - President of City Council
n \ ATE- • lAief
/ 1d
0 .• o it y Clerk
ah pz TV C'-
The •foregoing Ordinance No. 478 was read and
passed on' its second reading by the City Council of the City
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I
0. 8. 1735 PG 0975 ,
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of Zephyrhills , Florida on the 25th day of July
A.D. , 1988 .
,, 01/ ,i //t,„
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TEL A-N FAWN AM, Vice Presi•ent, for
' • �' / /, ARLTON GALSTER
c. \ President of City Council
.a l_ y C, erk
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,o 00 U.r�T e'l ltforegoing Ordinance No. 478 was read and
•
passed on its third reading by the City Council of the City
of Zephyrhills , Florida on the 8th day of August
A.D. , 1988.
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�� \ �• * I TON AL ER
y- (;-.1, -,\ •``• '' %' 0 President of City Council
7, 1';':, 9 ty'_C•1 rk
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- 'tIV ToRegoing Ordinance No. 478 was approved by me
on this 8th day of August , A.D. , 1988 .
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O. R. 1735 Pc 0976