§ 14-31. Adoption of county ordinance; certification to board of county commissioners.

(a)

Polk County Ordinance No. 00-77 is adopted by reference as an ordinance of the city and is fully set forth in this article as Exhibit A.

(b)

The city council shall direct the city manager to make the certification required in section 3 of Polk County Ordinance No. 00-77 to effect county enforcement of this article.

(Code 1989, §§ 66-1, 66-2; Ord. No. 2001-07, §§ 1, 2, 6-12-2001)

EXHIBIT A

POLK COUNTY ORDINANCE 00-77

POLK COUNTY ANIMAL CONTROL AND ANIMAL SERVICES ORDINANCE

Section 1. Short title.

This article shall be known and may be cited as the "Polk County Animal Control and Animal Services Ordinance."

Section 2. Definitions.

In construing this ordinance, the singular shall include the plural and the masculine shall include the feminine.

Altered animal or sterilized animal shall mean an animal that has been rendered permanently incapable of reproduction (i.e., spayed or neutered).

Animal, for purposes of this ordinance, shall mean a dog or a cat.

Animal services director shall mean that person in charge of the administration of the animal services division.

At large shall mean off the premises of the owner, and not under the direct control, custody, charge or possession of the owner or other responsible person.

Cat shall mean the domestic cat, Felis catus.

County shall mean Polk County, Florida.

County commissioners, board or board of county commissioners shall mean the board of county commissioners of Polk County, Florida.

Direct control shall mean immediate and continuous physical control of an animal at all times, such as by means of a fence, leash, cord or chain of sufficient strength to restrain the same; or in the case of specifically trained or hunting animals which immediately respond to such commands, direct control shall also include aural or oral control if the controlling person is at all times clearly and fully within the unobstructed sight and hearing of the animal.

Dog shall mean the domestic dog, Canis familiaris.

Enforcement officer shall mean those employees of the Animal Services Division of the Polk County Public Safety Department as designated by the board of county commissioners of Polk County and may include those persons designated as code enforcement officers by the county or municipality.

Offense shall mean any violation of this ordinance.

Overcrowding of the animal control facility shall be defined as more than one dog per thirty-two (32) square feet of dog kennel area actually used for living or more than one cat or puppy per four (4) square feet of living space.

Owner or custodian shall mean any person over the age of 18 who harbors, feeds or maintains a dog or cat for a period of three (3) consecutive days or more.

Shelter, for purposes of F.S. ch. 828, enforcement, shall mean provision of and access to a three-dimensional structure having a roof, walls and a floor, which is dry, sanitary, clean, weatherproof and made of durable material. At a minimum, the structure must:

(i)

Be sufficient in size to allow each sheltered dog or cat to stand up, turn around, lie down, and stretch comfortably;

(ii)

Be designed to protect the sheltered dog or cat from the adverse effects of the elements and provide access to shade from direct sunlight and regress from exposure to inclement weather conditions;

(iii)

Be free of standing water, accumulated waste and debris inside and in the immediate vicinity of the shelter, protect the sheltered dog or cat from injury, and have adequate ventilation and, for dogs and cats, provide a solid surface, resting platform, pad, floor mat or similar device that is large enough for the dog or cat to lie on in a normal manner; and

(iv)

Be properly lighted to provide a regular lighting cycle of either natural or artificial light corresponding to the natural period of daylight unless otherwise directed by a veterinarian.

Structures with wire, grid or slat floors which permit the dog or cat's feet to pass through the openings, sag under the animal's weight or which otherwise do not protect the dog or cat's feet or toes from injury are prohibited.

Valid inoculation tag or valid tag shall mean a current, Polk County-issued license tag which is approved by the animal services division. Each tag issued will be valid for a maximum period of 12 months.

Veterinarian shall mean a veterinarian, duly licensed and registered by the State of Florida.

Section 3. Scope.

This article shall apply in all unincorporated areas of Polk County, and within the corporate limits of each Polk County municipality, the governing body of which shall certify to the board of county commissioners that:

(a)

The municipality has no charter provision or ordinance which is in conflict with this ordinance; and

(b)

The municipality desires to be subject to the provisions of the Polk County Animal Control and Animal Services Ordinance.

Section 4. Vaccination and tags.

(a)

Every owner of a dog or cat over three (3) months of age shall cause such dog or cat to be vaccinated against rabies as frequently as required based on the effective period and the method of administration of the approved vaccine used. The approved vaccine may be for either a one (1) year or three (3) year period, depending on the vaccine used. The vaccination will be properly administered and boosted where appropriate by a licensed veterinarian.

(b)

Every owner of each dog or cat so vaccinated is required to purchase a valid inoculation tag, as evidence of vaccination, and shall cause the dog or cat to wear a valid inoculation tag at all times. Valid tags will be good for a maximum period of 12 months from date of issuance but, in all cases, will expire in conjunction with the date of expiration of the vaccine used. Cat owners may purchase cat identification collars approved by the county and allow their cat to wear said collars in lieu of tags. All identification collars must be marked in indelible black ink with the number of the cat's inoculation tag. The price of the approved collars shall be set by resolution of the board of county commissioners.

(c)

Evidence of vaccination shall consist of the appropriate certificate signed by the person administering the vaccine and containing pertinent data for identification of the specific dog or cat. One copy of the certificate shall be given to the owner, one filed with the animal services division and one shall be retained by the person administering the vaccine. This section shall be deemed supplemental to the provisions of Chapter 59-1759, Laws of Florida.

(d)

The tag, whose color shall be changed each year, shall be furnished by the county to the pet owner, upon presentation of evidence of the animal's current vaccination, or may be distributed directly to those designated as qualified to administer rabies vaccinations to dogs or cats. A tag shall be purchased for each dog or cat each year, regardless of the rabies vaccine used on the animal.

Section 5. Fees for tags; discount for certain veterinarians.

(a)

The fee for the valid one-year tag shall be five dollars ($5.00) for altered dogs and altered cats or twenty-five dollars ($25.00) for unaltered dogs and unaltered cats. The board of county commissioners, by resolution, may change the fee to be charged to the owner or custodian of a dog or cat by the animal services division for the tag.

(b)

Veterinarians who distribute animal services tags shall charge the fee set forth in this ordinance or by subsequent resolution. Veterinarians who purchase their tags from animal services shall receive a five (5) percent discount from the animal services division on the wholesale price for animal tags.

(c)

A reasonable fee shall be charged by the animal services division for the issuance of a duplicate tag if the original is lost.

Section 6. Fees set by resolution.

The board of county commissioners, by resolution, may change or set any fees to be charged by the animal services division.

Section 7. Assessment of additional fees for each civil penalty imposed.

In addition to all other fees assessed in any other section of this ordinance, there shall be assessed an additional charge upon each civil penalty imposed for violation of the Polk County Animal Control and Animal Services Ordinance. These fees shall be used to pay the cost of providing a 40-hour minimum standards training course and other required courses for employees of the animal services division.

Section 8. Running at large.

(a)

No person owning or having custody or control of any dog or unaltered cat shall cause, permit, or allow a dog or unaltered cat to stray or in any manner to run at large in or upon any public street, sidewalk, or park or other public property or the property of another; provided, however, that such dog or unaltered cat may be off the premises of the owner or of the person having custody or control of the animal if the dog or unaltered cat is leashed or if the dog is otherwise under the direct control of the person in custody of the animal. This section shall not apply to any dog actually engaged in the sport of hunting in authorized areas at authorized times and supervised by a competent person.

(b)

A properly licensed, vaccinated, and altered cat may run at large if it is wearing an elastic collar that identifies the cat as altered. This identification collar will be approved by the county and will be distributed by animal services upon owner presentation of a certificate from a state-licensed veterinarian that verifies the cat is altered. The price of the approved collars shall be set by a resolution of the board of county commissioners.

(c)

Violation of this section shall be punishable as provided for in section 23 of this ordinance.

Section 9. Abandonment of animals.

(a)

In addition to those provisions at Florida Statutes 828.13, it shall be unlawful for a person to abandon a dog or cat, dispose of a dog or cat on the property of another or on public property, or to abandon a dog or cat at his former residence when relocating to a new residence. Violation of this section shall be punishable as provided in section 23 of this ordinance.

(b)

Upon receipt of a sworn affidavit of two (2) citizens not residents of the same household or upon receipt of one (1) affidavit from a citizen and a statement from an enforcement officer that an animal has been abandoned, the animal services division will investigate the matter and thereupon is authorized to enter onto the property upon which the animal is located to take it into custody.

Section 10. Holding periods; disposition of unclaimed animals; quarantine.

(a)

The following holding periods are hereby established for animals picked up by or turned in to the animal services division excluding animals surrendered to the animal services division by their owner or custodian:

(1)

Healthy animals wearing a current, valid tag or abandoned animals, as described in this ordinance: Ten (10) calendar days, including the day of impoundment.

(2)

Healthy animals not wearing a current, valid tag or county-approved cat collar: Shall be held a minimum of four (4) working days, including Saturdays, but excluding county holidays, not including the day of impoundment. The animal services division director, or his designee, may at their sole discretion extend the holding period beyond this time on a space available basis.

(3)

Diseased, feral, or injured animals, whether tagged or untagged: Two (2) hours.

(b)

Any animal, of which the owner is identified, that is held under quarantine at the animal services division will be considered abandoned if not claimed on or before the third day following the quarantine. If not claimed on or before the third day following the quarantine, the animal will be disposed of as necessary. If the animal has not been claimed prior to the expiration of the holding period, the animal services division may sell, destroy or otherwise dispose of the animal.

(c)

Notwithstanding the foregoing, the public safety department director, the animal services division director or either's designee may reduce any holding period in the event of overcrowding of the animal control facility or a local state of emergency, as defined in Polk County Ordinance No.93-28.

Section 11. Dog or cat creating nuisance.

(a)

Any owner or custodian of any dog or cat which:

(1)

Habitually barks, whines, howls, meows, cries, screams or causes other objectionable noises resulting in an unreasonable annoyance to a neighboring resident; or

(2)

Disturbs the peace by habitually or repeatedly destroying or soiling public or private property, or causing injury or threatening to cause injury to any person or domestic animal on property other than that of the owner or custodian, or other similar conduct or behavior;

shall be deemed to be maintaining a nuisance and in violation of this ordinance. A barking nuisance is as described in the policies and procedures for animal control complaints.

(b)

No owner of a properly zoned commercial kennel or owner of a security dog which is located on commercially or industrially zoned property shall be subject to the provision of this section as it relates to dogs or cats which habitually bark, whine, howl, meow, cry, scream or cause objectionable noises.

(c)

Upon receipt of a sworn affidavit of two (2) citizens not residents of the same household or upon receipt of one (1) affidavit from a citizen and a statement from an enforcement officer alleging a violation of this section, an animal services division enforcement officer shall investigate and may cause to be issued a citation to any dog or cat owner or custodian alleged to be in violation of this section. Said affidavits shall specify the address or location of the alleged violation; the nature, time and dates of the acts; the name and address of the custodian, if known; and a description of the animal, if known.

(d)

If a citation is not issued to the owner or custodian of the animal as a result of a complaint described in subsection (c) of this section, an affidavit, as described in subsection (c) of this section, shall only remain valid for a period of 90 days following the date of service to the owner.

Section 12. Enforcement officers picking up or trapping sick, injured or menacing animals.

Any animal whose owner cannot be located or will not answer the door and whose animal is suspected of being sick or injured, or has inflicted injury to another person or animal, or has approached another person or animal while off its owner's property in a menacing fashion or apparent attitude of attack, may be immediately picked up, trapped or captured by remote chemical immobilization from public or private property, if, upon probable cause, the officer determines that the seizure is necessary for public health or safety, or to prevent animal suffering.

Section 13. Property owners or tenants capturing at-large animals; delivery to enforcement officer.

A property owner or tenant may seize in a humane manner any animal at large on his property in violation of this ordinance. When such seizure is made, the person shall immediately deliver the animal to an enforcement officer.

Any person who captures an animal pursuant to this section shall exercise care to treat the animal humanely and to avoid any cruelty, injury, sickness, hunger or other ailment or affliction in both seizure and delivery of the animal. Any person unable to comply fully with this section shall not seize any animal pursuant to this section. Failure to comply with this section may result in the filing of a cruelty charge, as described in Chapter 828, Florida Statutes (2000).

Section 14. Animal control first offenders course in lieu of fines for certain violations.

Persons found in violation of the section relevant to vaccination and tags and/or a violation of the section relevant to nuisance may choose to attend an animal control first offenders course in lieu of paying the fines established herein. Persons having custody of altered pets only, who are found in violation of the section of this ordinance relevant to running at large, may choose to attend an animal control first offenders course in lieu of paying the fines established herein. If a person chooses to attend the animal control first offenders course and satisfactorily completes the course on or before the specified date, the violation shall be deemed a warning and will be considered as such on that person's animal control violation record.

The course must be completed at the location, time and date specified on the citation. Failure to attend the course will result in the citation being processed as a first offense and an animal control violation may be recorded against the person.

Section 15. Attack on domestic animal.

In addition to the circumstances under which a dog may be classified as dangerous pursuant to Chapter 767, Florida Statutes (2000), any dog that kills a domestic animal while off its owner's property may be classified as dangerous, regardless of whether or not the dog has previously killed or severely injured a domestic animal. The procedure established in Chapter 767, Florida Statutes (2000), shall be followed before a dog is finally determined to be dangerous.

Section 16. Appeal of decision to destroy or classify dog as dangerous.

(a)

Once a dog is classified as dangerous or a determination is made to destroy a dog pursuant to the procedure established in F.S. ch. 767, the animal services division shall provide written notification to the owner by registered mail, certified hand delivery or service and the owner may file a written request for a hearing in the county court to appeal the decision within ten (10) business days of receipt of the written determination. The owner must confine the dog in a securely fenced or enclosed area pending resolution of the appeal or pay all boarding costs and other fees if the dog is being held by the animal services division during the appeal.

(b)

A request for an appellate hearing before the county court must be in writing, must be dated and must be accompanied by the appropriate and current filing fee, which is in effect for county court filings on the date the request is filed. A copy of the request for hearing must be delivered to the animal services division at the same time the request is filed or may be delivered immediately following the filing of the request in county court.

(c)

Hearings before the county court shall be appellate hearings. The county court, as court of appellate jurisdiction, may establish procedures for appellate review which are not inconsistent with the Florida Rules of Appellate Procedure.

Section 17. Vaccination of animals before release from animal control shelter; impound fees; adoption.

(a)

All animals three (3) months of age or older which are impounded, quarantined or otherwise in the possession of the animal services division and which do not have proof of a current rabies vaccination shall receive a rabies vaccination, tag and license prior to being released from the custody of the animal services division. If the animal services division is unable to vaccinate the animal for any reason, the owner or custodian of the animal is required to sign a form agreeing to have the animal vaccinated by a licensed veterinarian within three (3) days from the date of release and subsequently purchase a valid inoculation tag.

(b)

An animal, whose owner is in possession of proof of a current rabies vaccination approved by National Association of State Public Health Veterinarians and administered by a duly licensed veterinarian, shall be issued a valid tag and license from animal services prior to release. Valid tags will be good for a maximum period of 12 months from date of issuance but, in all cases, will expire in conjunction with the date of expiration of the vaccine used to inoculate the animal. The fee for the vaccination shall be five dollars ($5.00). The fee for the valid tag and license shall be five dollars ($5.00) for altered cats and altered dogs or twenty-five dollars ($25.00) for unaltered cats and unaltered dogs. If the animal is sterilized at the shelter prior to being released, the owner shall pay the altered animal tag and license fee. All applicable fees must be paid prior to release of an animal subject to this section. The fees for the above services may be changed by resolution of the board of county commissioners.

(c)

Proof of sterilization for all animals shall consist of a sterilization certificate issued by a licensed veterinarian to the animal and its owner stating that the specific animal has been sterilized. The certificate must contain data identifying the specific animal including the name, type, age, sex, color and breed of the animal; the name and address of the owner; the veterinarian which altered the animal and his address and phone number. A rabies vaccination certificate from a duly licensed veterinarian stating an animal has been spayed or neutered shall also constitute proof of sterilization. It is the animal owner or custodian's responsibility to provide this information to the animal services division.

(d)

Impound and boarding fees will be reduced by 50% of the total fee for those animals sterilized at the shelter prior to being released. The impound and boarding fees may be set by resolution of the board of county commissioners.

(e)

All animals adopted from the Polk County Animal Shelter will be surgically sterilized prior to being released to the prospective adoptive owner.

(f)

Sterilization and adoption fees will be established by resolution of the board of county commissioners. These fees will be the standard sterilization or adoption fee; however, said fees may be reduced by the director of animal services, or his/her designee, in his/her discretion, to save an animal from euthanasia, when the animal is to be given to an animal rescue group or nonprofit, animal-oriented group, or during special, promotional animal adoption periods.

Section 18. Impoundment of dogs or cats running at large.

Enforcement officers are authorized to impound any dog which is at large or astray and are authorized to enter onto private property when in pursuit of the animal for the purpose of capturing such dog for impoundment. Enforcement officers are authorized to impound any unlicensed or unaltered cat which is at large or astray. Enforcement officers are authorized to impound any altered cat which is at large or astray and not wearing the appropriate identification required by this ordinance. Enforcement officers are authorized to enter onto private property, when in pursuit of the animal for the purposes of capturing any cat for impoundment.

Section 19. Designation of enforcement officers.

All employees of the animal services division are hereby designated as enforcement officers. The board may from time to time provide by resolution that certain employees of the animal services division are not to be designated as enforcement officers.

Section 20. Duties and authority of enforcement officers.

It shall be the duty of all enforcement officers to enforce the Polk County Animal Control and Animal Services Ordinance as adopted and from time to time amended by the board of county commissioners of Polk County. An enforcement officer is hereby authorized to issue citations and notices to appear for the violation of the Animal Control and Animal Services Ordinance when, based upon personal investigation, the officer has reasonable and probable grounds to believe that a violation of this ordinance has occurred.

Section 21. Qualifications of animal services employees.

The qualifications of employees of the animal services division shall be established by the county administrator pursuant to the current classification and pay plan approved by the board. The training program for enforcement officers shall be established by resolution of the board and carried out by the animal services division director under the general supervision of the county administrator.

Section 22. Interference with officers.

It shall be unlawful to interfere with any enforcement officer while in the legal performance of his/her duties, or anyone who may be assisting in the performance of such duties; or to take or attempt to take any animal from any enforcement officer, or from any vehicle used by him/her to transport any animal; or to take or attempt to take any animal from the animal services division's impounding kennels without proper authority. Violation of this section shall be punishable as provided in section 23 of this ordinance.

Section 23. Penalties for violation.

(a)

For violation of the section of this ordinance relevant to vaccination and tags, the enforcement officer shall have the discretion either to issue a warning with no civil penalty or issue a citation for a fine in the amount of thirty dollars ($30.00), per animal, for the first offense. The second offense occurring within three (3) years, whether the first offense resulted in a warning or a fine, shall require a fine in the amount of fifty dollars ($50.00) per animal. The third offense occurring within three (3) years shall require a fine in the amount of one hundred dollars ($100.00) per animal.

Subsequent offenses occurring within three (3) years shall be punishable by such monetary penalty as the court may impose, not to exceed five hundred dollars ($500.00) per animal.

(b)

For violation of the section of this ordinance relevant to nuisance, the enforcement officer shall have the discretion either to issue a warning with no civil penalty or issue a citation for a fine in the amount of thirty dollars ($30.00), per occurrence, for the first offense. The second offense occurring within three (3) years, whether the first offense resulted in a warning or a fine, shall require a fine in the amount of fifty dollars ($50.00) per occurrence. The third offense occurring within three (3) years shall require a fine in the amount of one hundred dollars ($100.00) per occurrence. Subsequent offenses occurring within three (3) years shall be punishable by such monetary penalty as the court may impose, not to exceed five hundred dollars ($500.00) per occurrence.

(c)

For violation of the section of this ordinance relevant to running at large, the enforcement officer shall have the discretion either to issue a warning with no civil penalty or issue a citation for a fine in the amount of fifteen dollars ($15.00) per occurrence for the first offense, for an altered dog or altered cat not wearing the appropriate identification required by this ordinance; one hundred dollars ($100.00) per occurrence for an unaltered dog or unaltered cat. The second offense occurring within three (3) years, whether the first offense resulted in a warning or a fine, shall require a fine of fifty dollars ($50.00) per occurrence for an altered dog or altered cat not wearing the appropriate identification required by this ordinance; one hundred and fifty dollars ($150.00) per occurrence for an unaltered dog or unaltered cat. The third offense occurring within three (3) years shall require a fine in the amount of one hundred dollars (100.00), per occurrence for an altered dog or altered cat not wearing the appropriate identification required by this ordinance; two hundred dollars ($200.00) per occurrence for an unaltered dog or unaltered cat. Subsequent offenses occurring within three (3) years shall be punishable by such monetary penalty as the court may impose, not to exceed five hundred dollars ($500.00) per occurrence. If the owner presents proof that the pet is altered within ten (10) days of date of the offense, the owner shall pay the altered pet fine.

(d)

For violation of the section of this ordinance relevant to abandonment or interference with any enforcement officer, the civil penalty shall be in the amount of one hundred fifty dollars ($150.00) per occurrence for the first offense. Second and subsequent offenses in violation of this section within three (3) years shall be punishable by such monetary penalty as the court may impose, not to exceed five hundred dollars ($500.00) per occurrence.

(e)

If a dog or cat scratches, bites or otherwise physically injuries any person under circumstances in conjunction with a violation of the sections of this ordinance relevant to vaccination and tags and/or running at large, said offense shall require a fine of one hundred dollars ($100.00) in addition to any other applicable fine for a first offense. The second and subsequent offenses in violation of this section within three (3) years shall be punishable by such monetary penalty as the court may impose, not to exceed five hundred dollars ($500.00). Fines will be assessed per occurrence.

(f)

All penalty fees may be changed by a resolution of the board.

Section 24. Form of citation and notice.

Citations and notices to appear issued by an enforcement officer shall be in a form prescribed by the board of county commissioners and shall state the time and date of issuance, name and description of the, violation, the section and number of the Animal Control and Animal Services Ordinance for which a violation is charged, the name of the enforcement officer, and the time and date at which the person charged shall appear in county court for arraignment.

Section 25. Procedure upon citation.

(a)

Any person cited for violation of the Animal Control and Animal Services Ordinance shall be deemed to be charged with a noncriminal infraction. Any person cited for an infraction under this article shall sign and accept a citation acknowledging receipt of the citation and indicating a promise to appear in county court, if such person wishes to contest the charge(s). Failure to sign and accept said citation shall be punishable as provided in section 828.27(5), Florida Statutes (2000).

(b)

Any person cited with a violation punishable under section 23 of this ordinance may pay the civil penalty within ten (10) days of the date of receiving the citation. If the person cited pays the penalty, he shall be deemed to have admitted the infraction and to have waived his right to a nonjury trial on the issue of commission of the violation.

(c)

If a person fails to pay the civil penalty within ten (10) days of receipt of the citation, the clerk's office shall issue a notice to appear. The clerk shall assess a ten dollar ($10.00) late fee for each penalty paid after the initial ten (10) day period. The late fee will be retained by the clerk's office for the purpose of defraying operating expenses.

(d)

If a person has failed to pay the civil penalty and applicable late fee and fails to appear in court to contest the citation, the court may issue an order to show cause upon the request of the animal services division director or his/her duly authorized representative. This 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 an order fails to appear in response to the court's directive, that person may be held in contempt of court. In addition, failure to pay the civil penalty shall result in the recording of a lien in the amount of the civil penalty, late fee, and recording fees.

(e)

In the event an animal is impounded for violation of this ordinance and the owner of the animal abandons the animal to the animal services division, the owner remains liable for the civil penalties imposed for violation o this ordinance.

Section 26. Citation constitutes warning to household.

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.

Section 27. Polk County Ordinance 85-01, as amended, Polk.

Polk County Ordinance 85-19, and Polk County Ordinance 75-3 are hereby repealed.

Section 28. Severability.

If any provision or application of this ordinance is for any reason held invalid, such invalidity shall not affect the remaining provisions or applications of this ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared severable.

Section 29. Effective date.

This ordinance shall become effective January 1, 2001.