Okaloosa County BOCC — August 19, 2014 — Walton County Nuisance Animals — reading text

Walton County Nuisance Animals Sec. 5-26. Title. This article shall be known as and may be cited as the "Walton County Animal Control Ordinance." Sec. 5-27. Geographical areas covered. This article shall apply in all unincorporated areas of Walton County, excluding U.S. Air Force properties, state, and federal lands. Sec. 5-28. Definitions. For the purpose of this chapter, the following words and terms shall be defined as follows: (a) "Animal" shall mean dogs and cats. (b) "Animal control shelter" shall mean any premises designated by the action of the board for the purpose of impounding and caring for all animals found in violation of this article. (c) "Animal control officer" shall mean a person or persons designated by the board to enforce the provisions of this chapter who is authorized to investigate civil infractions relating to animal control or cruelty and to issue citations as provided in this section and has successfully completed a 40 hour minimum standards training course as per F.S. § 828.27. An animal control officer is not authorized to bear arms or make arrests; however such officer may carry a device to chemically subdue and tranquilize an animal, provided such officer has completed a minimum of 16 hours of training in marksmanship, equipment handling, safety and animal care, and can demonstrate proficiency in chemical immobilization of animals in accordance with guidelines prescribed in the Chemical Immobilization Operational Guide of the American Humane Association. (d) "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. (e) "Board" shall mean the Walton County Board of County Commissioners. (f) "Cat" shall mean the domestic cat, Felis catus. (g) "Citation" shall mean a written notice, issued to a person by an officer, that the officer has probable cause to believe that person has committed a civil infraction in violation of this article, and that the county court will hear the charge. The citation must contain: (1) The date, time and place of issuance. (2) The name, address, date of birth, and other forms of identification, such as a Florida driver's license number, of the person receiving the citation, to the extent such information is provided to the officer. (3) The date, time and place the civil infraction was committed. (4) The facts constituting probable cause.  (5) The ordinance violated. (6) The name and authority of the pofficer. (7) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court for aggravated violations. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (11) A conspicuous statement that if the person is required to appear in court for an aggravated violation of this article, he or she does not have the option of paying a fine in lieu of appearing in court. (12) The names and addresses of witnesses to the infraction known to the officer at the time of issuance. (h) "County" shall mean Walton County, Florida. (i) "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 a vehicle. Animals under direct control shall at all times have access to shelter, water, and food. This does not preclude walking dogs on a leash. (j) "Dog" shall mean the domestic dog, Canis lupus familiaris. (k) "Nuisance animal" shall mean: (1) Any animal that may pose a threat to a person or passing vehicle; or (2) Any animal off the owner's premises that attacks other animals; or (3) Any animal which trespasses on school grounds or public places, other than a service animal; or (4) Any animal, which damages private or public property. This includes depositing its waste on other than its owner's property; or (5) Any animal, which scatters garbage or trash; or (6) Any female animal in heat not properly restrained; or (7) Any animal which habitually or continuously barks, whines, howls, meows, cries, screams, or causes objectionable noises when unprovoked; "habitually and continuously" shall mean periods of ten minutes or more of constant noise, or two or more repeated periods of five minutes or more of constant noise within one hour; or (8) Any animal which trespasses onto the private property of another; or (9) Any animal whose owner abandoned it by refusing to continue to provide it control and care and by releasing it to run at large. (l) "Offense" shall mean any violation of this article. (m) "Officer" shall mean any law enforcement officer defined in F.S. § 943.10, or any animal control officer.  (n) "Owner or custodian" shall mean any person harboring, feeding or maintaining an animal for a period of five consecutive days or more. This does not include the animal control shelter. (o) "Pet dealer" shall mean any person, firm, partnership, corporation, or other association which, in the ordinary course of business, engages in the sale of more than two litters, or 20 dogs or cats, per year, whichever is greater, to the public. This definition includes breeders of animals who sell such animals directly to a consumer. (p) "Public beach" shall be defined as: (1) The land from the mean high tide line to the Gulf of Mexico; (2) The sandy area next to the mean high tide on which the public has had customary use. (q) "Service animal" shall mean any animal trained to assist a disabled person. (r) "Trespass" shall mean any animal owner allowing the animal to be on the private property of a person other than the animal's owner without invitation or permission from the other person. (s) "Veterinarian" shall mean a veterinarian, duly licensed and registered by the State of Florida. (t) "Walton County Animal Control" shall mean the department of the Walton County Emergency Response Division responsible for implementing and enforcing the provisions of this article. Sec. 5-29. Running at large prohibited. (a) All animals, when not on the owner's premises or on the premises of another who consents thereto, shall be and remain under the direct control of a person competent to control such animal at all times. (b) The owner or custodian of any animal found running or remaining at large shall be responsible for any violation of this article. (c) Exceptions. This section shall not apply to: (1) Any dog actually engaged in the sport of hunting, which includes training two weeks preceding hunting season, in authorized areas and under the supervision of a competent person. (2) Any animal that is trained to assist or provide personal services for a disabled person, as defined under the Americans with Disabilities Act. (3) Government police dog while on duty. Sections 5-30, 31 omitted Sec. 5-32. Nuisance animals. (a) Prohibited. It shall be unlawful for any owner or custodian of an animal to allow the animal to become a nuisance animal, as defined in this article. (b) Exemption. Animals in commercial kennels, security animals on property designated as "commercial" or "industrial" under the Walton County Comprehensive Plan, service animals, and animals on their owners' property that are provoked by persons other than their owners, including trespassers, shall be exempt from the provisions of this section as it relates to animals that habitually or continuously bark, whine, howl, meow, scream, or cause objectional noises. (c) Enforcement. An officer, upon receipt of notification of a logged complaint by an individual complainant alleging a violation of this section shall investigate and may issue a citation to any animal owner or custodian whom the officer has probable cause to believe is in violation of this section. The requirement for probable cause shall be satisfied if the violation occurs in the presence of the officer, or if the available evidence at the scene is sufficient for a reasonable person to believe a violation has occurred, or if the owners or occupants of two or more different lots or residences nearby execute verified written statements substantiating a violation.