Fort Walton Beach Ordinance — 543.3 — reading text

ANIMAL CONTROL ORDINANCE 543.3 AN ORDINANCE REGULATING AND LICENSING THE KEEPING OF ANIMALS, PROVIDING FOR THE TAKING UP AND IMPOUNDMENT OF NUISANCE ANIMALS MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE, REPEALING CERTAIN SECTIONS OF THE CODE OF ORDINANCES, PROVIDING THE EFFECTIVE DATE HEREOF. WHEREAS, the City of Fort Walton Beach, Florida, has an animal control ordinance which has not recently been amended, and the terms of which it considers somewhat out°of date, and WHEREAS, there exists a model animal control ordinance which the City Council believes contains additional provisions which would be of benefit to the City, and WHEREAS, certain provisions from the existing ordinance should be continued and integrated into the model ordinance, NOW, THEREFORE, it is ordained: SECTION 1. Definitions As used in this ordinance the following terms mean: Animal: Any live, vertebrate creature, domestic or wild; Animal Shelter: Any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this ordinance or state law; Auctions: Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this ordinance., This section does not apply to individual sales of animals by owners; Circus: A commercial variety show featuring animals acts for public entertainment ; Commercial Animals Establishment: Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition, or kennel. Exposed to Rabies: A dog or cat or other type animal has been exposed to rabies within the meaning of this article if it has been bitten by or been exposed to any animal known to have been infected with rabies. Grooming Shop: A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed; Humane Officer: Any person designated by the State of Florida, a munici- pal government, or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this State; Kennel: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats; a [DIspositios] Owner: Any person, partnership, or corportion owning, keeping, or har- Nasmane So boring one or more animals. An animal shall be deemed to be harbored if Manave Sop, it is fed or sheltered for three consecutive days or more; Pla Deot. Cn bf W fee Tips ede Coe, Performing Animal Exhibition: Any spectacle, display, act, or event other than circuses, in which performing animals are used; Pet: Any animal kept for pleasure rather than utility; Pet Shop: Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise except for a licensed kennel, that buys, sells, or boards any species of animal; Public Nuisance: Any animal or animals which: molests passersby or passing vehicles attacks other animals trespasses on school grounds is repeatedly at large damages private or public property barks, whines, or howls in an excessive, continuous, or unti- mely fashion; 7. animal quarters found to be unhealthy or unsanitary shall constitute a public nuisance. 8. creates noxious and offensive odors; AonP Wwrr Restraint: Any animal secured by a leash or lead, or under the control of a responsible person and obedient to thatperson's commands (at heel) or within the real property limits of its owner; ° Riding School or Stable: Any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule, or burro; Veterinary Hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals; Vicious Animal: Any animal or animals that constitute a physical threat to human beings or other animals; Wild Animal: Any raccoon, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warmblooded animal which can normally be found in the wild state; Zoological Park: Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals operated by a person, partnership, corporation, or government agency. SECTION 2. Licensing (a) Any person owning, keeping, harboring, or having custody of any ani- mal over three months of age within this municipality must obtain a license as herein provided. This provision may not apply to the keeping of small cage birds, or aquatic and amphibian animals solely as pets. (b) Written application for licenses shall be made to the Licensing Authority which shall include name and address of applicant, description of the animal, the appropriate fee, and rabies certificate issued by a licensed veterinarian or anti-rabies clinic. (c) If not revoked, licenses for the keeping of dogs and cats shall be for a period of one or more years. (d) Application for a license must be made within thirty days after obtaining a dog or cat over three months, except that this requirement will not apply to a non-resident keeping a dog or cat within the municipa- lity for not longer than sixty days. (e) License fees shall not be required for seeing-eye dogs or governmen- tal police dogs. (f) Upon acceptance of the license application and fee, the Licensing Authority shall issue a durable tag or identification collar, stamped with an Page 2 identifying number and the year of issuance. Tags should be designed so that they may be coveniently fastened or riveted to the animal's collar or harness. (g) Dogs and cats must wear identification tags or collars at all times when off the premises of the owners. (h) The Licensing Authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public. (i) The licensing period shall begin with the fiscal year and shall run for one year. Application for license may be made thirty days prior to, and up to, sixty days after the start of the fiscal year. Persons applying for a license during the licensing year shall be required to pay 50% of the fee stipulated in this section. (j) Persons who fail to obtain a license as required within the time period specified in this section will be subjected to a fine of $10. (k) A license shall be issued after payment of the applicable fee: 1. for each unneutered male dog.ecccssccccescccecscceese $10.00 2. for each unneutered male Cat..ccccececcesecsceseseces 5.00 3. for each unspayed female dog...cccccecsevecccecececes 10.00 4. for each unspayed female Cat... ..escceeces eee eeeees -» 5.00 5. for each neutered male dogescscesccccvesccccecccecces 4.00 6. for each neutered Male Cat..ceccccccsceccccccsccccees 4.00 7. for each spayed female dog...........-- ee eceees eeeee 4.00 8. for each spayed female cat....... ee ec en eeeee eee ececes 4.00 9. for each other animal....cccccccccccccccccccseseseves 4,00 (1) A duplicate license may be obtainéd upon payment of a $1.00 replacement fee. (m) No person may use any license for any animal other than the animal for which it was issued. (n) If there is changes in ownership of a dog during the license year, the new owner may have the current license transferred to his/her name upon payment of a transfer fee of $1.00. SECTION 3. Permits (a) No person, partnership or corporation shall operate a commercial ani- mal establishment or animal shelter without first obtaining a permit in compliance with this section. (b) The Licensing Authority, with the approval of Council, shall promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this ordi- nance and other applicable laws. The Licensing Authority, with the approval of Council, may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals. (c) Upon a showing by an applicant for a permit that he is willing and able to comply with the regulations promulgated by the Licensing Authority, a permit shall be issued upon payment of the applicable fee. (d) The permit period shall begin with the fiscal year and shall run for one year. Renewal applications for permits shall be made thirty days prior to, and up to sixty days after, the start of the fiscal year. Application for permit to establish a new commercial animal establishment under the provisions of this ordinance may be made at any time. (e) If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his name upon payment of a $10.00 transfer fee. Page 3 (f) Annual permits shall be issued upon payment of the applicable fee: for each kennel authorized to house less than 10 dogs or cats..$ 25.00 for each kennel authorized to house 10 or more but less than 50..50.00 for each kennel authorized to house 50 or more dogs or cats.....100.00 for each pet shop.......00. eee eee e reece eee rev esesssees eeeeeees 75.00 for each riding Stabler..cccceccvccvcccccsccscccccsccsscssesvess 15.00 FOF CACN AUCTION. ce cccccccrvcccccnccscccccsensscccesecsccssesess D000 for each ZOOTOGICAT Park. rceccccccccccccccscccccscvececcssesesss 100.00 FOr CACN CIPCUS cs rccccccncccaccccccccccscerscsevccccess eoeeceeee 25200 for each performing animal exhiDitiOn.....crccrccccccecseceseeeee 90.00 for Gach GroOMing SHOP..cccccessccscccccccveccccccesecesessesess 90.00 DOONAN PWN F o © «© © e © @ © @ @ — (g) Every facility regulated by this ordinance shall be considered a separate enterprise and requires an individual permit. (h) Persons operating kennels for the breeding of dogs or cats may elect to license such animals individually. (i) No fee may be required of any veterinary hospital, animal shelter, or government-operated zoological park. (j) Failure to obtain a permit before opening any facility covered in this section shall result in a fine of $200.00. (k) Any person who has a change in the category under which a permit was issued shall be subject to reclassification and appropriate adjustment of the permit fee shall be made. SECTION 4. License and Permit Issuance and Revocation (a) The Licensing Authority may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this ordinance, the regulations promulgated by the Licensing Authority, or any law governing the protection and keeping of animals. (b) Any person whose permit or license is revoked shall, within ten days thereafter, humanely dispose of all animals owned, kept, or harbored and no part of the permit or license fee shall be refunded. (c) It shall be a condition of the issuance of any permit or license that the Licensing Authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspec- tions is refused, revoke the permit or license of the refusing owner. (d) If the applicant has withheld or falsified any information on the application, the Licensing Authority shall refuse to issue a permit or license. (e) No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment. (f) Any person having been denied a license or permit may not reapply for a period of thirty days. Each reapplication shall be accompanied by a $10.00 fee. SECTION 5. Restraint (a) All dogs shall be kept under restraint. (b) No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance, (c) Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding.