§ 5-1. Definitions.  


Latest version.
  • The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Animal means any living creature, other than a human being.

    Animal at large means any animal, other than a cat, which is not under the control, custody, charge or possession of the owner or other responsible person in attendance, by leash, chain, a tether (no less than ten (10) feet), secure fence or other means of confinement or restraint.

    Animal control officer means any person employed or appointed by the City 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 Fla. Stat. § 828.27. An animal control officer is not authorized to bear arms or make arrests. The term "officer" additionally means any law enforcement officer defined in Fla. Stat. § 943.10, and any veterinarian defined in Fla. Stat. § 474.202.

    Charging instrument means a writing or document that recites the mode of committing an offense.

    Commercial kennel or cattery means a facility which offers the services of a kennel or cattery for a profit.

    Dangerous animal means any animal which has attacked without provocation a person or another animal, or which has been trained to attack on command.

    Department Manager means the animal control supervisor authorized by this chapter.

    Domesticated animal means any species of animal accustomed to living in or about the habitation of man and is dependent upon man for food and shelter.

    Effective voice command means voice control within 20 feet by a competent person which at all times prevents the animal subject to the voice control from running at large or otherwise violating the provisions of this chapter.

    Fierce animal means any animal not dangerous or vicious but which frequently shows aggressive tendencies.

    Keeper means any person or corporation possessing or having custody of an animal.

    Kennel or cattery means a facility other than a veterinarian hospital or facility which provides service to owners of animals, including but not limited to the following: boarding, care and grooming, breeding, stud services, or sales of offspring or adult animals.

    Leash means a cord, strap or other like apparatus that is attached to an animal in an effort to control the movement of the animal by the holder thereof.

    License certificate means a rabies vaccination and license certification issued pursuant to this chapter.

    License tag means a rabies vaccination and license tag issued pursuant to this chapter.

    Licensed veterinarian means a veterinarian licensed to practice in the State.

    Neutered or spayed means rendered permanently incapable of reproduction by surgical alteration, implantation of a device or other physical means, or permanently incapable of reproduction because of physiological sterility, but only where the neutered or spayed condition has been certified by a veterinarian licensed in any state.

    Notice means a notice to appear, unless the context of the chapter requires a different definition.

    Nuisance means the following:

    (1)

    An animal that habitually barks, howls, cries, screams or makes other bothersome noises any time of the day or night; or

    (2)

    Any animal that, by its conduct or behavior, including, but not limited to, habitual or repeated destruction, desecration or soiling of any public or private property, habitual chasing of persons, cars or other vehicles, or running at large, causes a disturbance to the peace or causes injury or threat of injury to persons or property.

    Owner means any person or corporation owning an animal or any person who feeds or shelters an animal or permits it to remain on the person's property for 30 days or more.

    Premises means a tract of land, including its dwelling units, buildings and other appurtenances.

    Quarantine means strict confinement by leash, closed cage, paddock, or in any other manner, and in a place as approved by the City Health Officer of all animals specified in the order.

    Sporting kennel or cattery means a facility which offers no services for profit, which maintains animals solely for the owner's sporting or hobby purposes, and which sells offspring and adult animals only on an occasional basis. The term "occasional basis" means animal sales of a frequency of no greater than one (1) litter per fertile female per year.

    Tether means a rope or chain fastened to an animal and a stationery object to keep said animal within a certain boundary.

    Vicious animal means any animal which has made two (2) or more unprovoked attacks on persons or animals, or an animal which has inflicted serious bodily harm on a person.

    Wild animals means those species of animals that are not included in the definition of domesticated animal.

(Code 1999, § 3-2; Ord. No. 2013-01, § 2, 2-26-2013)