§ 4-38. Animal control officers and supervisors; qualifications; duties.

(a)

The animal control supervisor and animal control officers may catch, seize or pick up:

(1)

Any stray animal;

(2)

Any animal at large;

(3)

Any dangerous dog not properly restrained or secured by the owner or keeper;

(4)

Any animal carrying or believed to be carrying rabies or other infectious or contagious diseases;

(5)

Any animal that is a nuisance;

(6)

Any dog not licensed and inoculated as required by this chapter,

(7)

Any sick or injured animal for which the owner or keeper cannot be found after reasonable effort to do so, or for which the owner or keeper is unable or unwilling to provide proper care;

(8)

Any animal that has been found engaged in animal fighting that is prohibited by this chapter; or

(9)

Any other animal authorized by this chapter to be quarantined, impounded, caught, seized or picked up.

(b)

The animal control supervisor or his officers shall impound or otherwise dispose of such animals as provided under this chapter.

(c)

The animal control supervisor and animal control officer shall investigate complaints or actions allegedly in violation of this chapter and shall issue citations demanding that the violations cease or be corrected. Those animal control officers authorized to issue citations pursuant to F.S. § 828.27(l)(b) and F.S. § 828.23(l)(f), have authority under this chapter.

(d)

Pursuant to law, the animal control supervisor and officers may enter public or unfenced private property within the county, except residential buildings, to carry out the duties imposed by this chapter.

(e)

The animal control supervisor may declare an animal to be a "dangerous dog" as defined by section 4-1 in accordance with the procedure set forth in section 4-75 of this chapter, and may order the owner of such animal to secure, restrain and confine it in a reasonable manner specified by the animal control supervisor and comply with other regulations pertaining to "dangerous dogs" as required by this chapter.

(f)

The animal control officer shall fulfill the following duties:

(1)

The animal control officer shall promptly seize, take up and place in the animal protection shelter, or contracted services provider, all animals being kept or harbored or found running at large any place within the county contrary to the provisions of this chapter or the statutes of the state. As to any cat found roaming or wandering on public property or private property other than that of its owner, that is unrestrained, without its owner immediately and visibly present in such area and without an identifying license tag, the animal control officer, after reasonable investigation, shall be vested with discretion to conclude that such cat is feral or abandoned by its owner and may seize and impound the cat in accordance with the provisions of this chapter.

(2)

The animal control officer shall be properly deputized as a peace or police officer for the purpose of this chapter. He shall have the legal authority and duty to issue appearance tickets, citations or summonses to those persons owning, keeping or harboring animals contrary to the provisions of this chapter.

(3)

The animal control officer shall dispose of impounded animals that are not claimed and released within:

a.

Seven days if the animal has been chipped or tattooed or wears a license or rabies tag, which chip, tattoo, rabies or license tag is registered with current information to facilitate contact of the owner, or wears an identification tag with current information to facilitate contact of the owner; or

b.

Five days if the animal is not able to be identified by one of the following methods:

1.

Adoption by an individual person who meets adoption criteria for the animal;

2.

Humane euthanasia under state statute if the animal is deemed unadoptable or cannot be placed within a reasonable time with a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter; or

3.

Release to a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter.

If, however, a dog or cat has a collar, license, or other evidence of ownership, the animal control officer shall notify the owner of the impoundment. Disposition of the animal shall then not be made until after five days from the date of confirmed delivery of a certified mailing or notice of non-pick-up of the certified mail, unless the owner has, prior to the end of the five days, redeemed the animal or relinquished in writing ownership of the animal. The animal control supervisor shall maintain a record of when the animal was acquired and under what circumstances. This record shall also indicate the date of notice sent to the owner of an animal and any subsequent disposition of the animal. This section does not apply to animals that are sick or injured to the extent that the holding period would cause the animal to suffer. Regulations regarding the sale of animals from the animal protection shelter and boarding and other charges shall be posted in a conspicuous place at the animal control shelter. The bodies of all animals destroyed at the animal control shelter or elsewhere in the county shall be disposed of by the animal control officer in a manner approved by the county health department and the board of county commissioners. Any animals voluntarily relinquished to the animal control shelter by their owners for disposition (not boarding) need not be kept for the minimum period of five days before release or disposal of the animal by the animal control officer.

(4)

The animal control officer shall promptly investigate all animal bite cases involving human injury and shall search out and attempt to discover the animal involved. If the animal control officer finds the animal responsible for the bite, he shall either impound or quarantine the animal for examination for disease in accordance with the applicable provisions of this chapter and the statutes of the state. The animal control officer shall also be obliged to seize and impound any rabies-suspected animal and cause the animal to be either impounded or quarantined for examination for disease in accordance with the provisions of this chapter.

(5)

In response to a complaint of an animal at large or there being a clear indication of "animal in distress" as defined by F.S. § 828.12, the animal control officer is authorized and empowered in accordance with the provisions of this chapter to enter upon private premises (excepting entry into the private areas of buildings or enclosures constructed to provide privacy, unless in possession of a search warrant) for the purpose of inspecting those premises to determine if the owners of dogs, cats or animals harbored, kept or possessed on the premises have complied with the provisions of this chapter. The animal control officer is authorized and empowered to issue a citation to the owner of any dogs, cats or ferrets for whom no license has been procured in accordance with this chapter or for any other violation of this chapter. The provisions of this subsection shall include, but not be limited to, investigation of, and seizure for, cruelty to animals, and investigation and seizure of dangerous dogs.

(6)

The animal control officer shall have the duty to inspect any kennel, a license for that has been issued by any state or county agency or their authorized officers, and shall have the duty to notify the licensing agency of any conditions that are unhealthy or inhumane to the animals kept in the kennel.

(7)

The animal control officer shall have the duty to investigate complaints of animals alleged to be dangerous dogs, and shall have the right to seize, take up and impound such animals pending disposition pursuant to this chapter.

(8)

The animal control officer shall have the duty to investigate complaints of cruelty to or abandonment or neglect of animals and shall take such action as is required or permitted by the section of this chapter governing animals in distress.

(9)

The animal control officer shall be responsible for coordinating with the county administrator or his designated appointee the sale of licenses and the keeping of appropriate records and related books of account.

(10)

The animal control officer shall not sell, give or make available in any manner any live or dead animals of any species or any animal body parts or organs to be used for research, demonstration, experimental or any other purposes by any person, firm, corporation or institution, except to the extent necessary to comply with health laws and regulations concerning rabies. The animal control officer shall be responsible for disposition of the bodies of animals destroyed at the animal protection shelter in accordance with state law and regulations.

(11)

The animal control officer shall provide to the state attorney for investigation and possible prosecution information concerning suspected violations of the following:

a.

The provisions of F.S. § 828.122 governing fighting or baiting animals;

b.

The provisions of F.S. § 828.123 governing killing a dog or cat with intent to sell pelt and possession of pelts of dogs or cats with the intent to sell;

c.

The provisions of F.S. § 828.1231 governing the sale of garments or items of clothing containing dog or cat fur;

d.

The provisions of F.S. § 828.125 governing the killing or aggravated abuse of registered horses and cattle; and

e.

The provisions of F.S. § 828.29 governing the transportation into the state, and offering for sale of, dogs and cats.

The county attorney is authorized to seek injunctive relief against continued violations of such statutes if an investigation discloses probable cause to believe the violations are occurring and there is no criminal prosecution of the violations.

(12)

The animal control officer shall have such other duties relating to the enforcement of this chapter as the board of county commissioners may from time to time provide.

(g)

The animal control officer, in enforcing the provisions of this chapter and the statutes of the state pertaining to animals, may issue to the owner or keeper of an animal in violation of this chapter a citation containing a notice to pay a fine and/or appear in court or may make complaint to the State Attorney for the Sixteenth Judicial Circuit and to the circuit or county court in regard to any violations of this chapter.

(h)

No employee of the county or any contracted entity shall perform the duties of an animal control officer unless that person has been certified through the training program described in F S. § 828.27(4)(a). This provision shall not preclude employees who are not certified from providing care for animals, maintenance of animal living areas or attending to other operational and administrative duties of the animal control and sheltering functions.

(Code 1979, § 3-5; Ord. No. 006-2006, § 1; Ord. No. 022-2006, §§ 1, 2; Ord. No. 030-2010, § 4 )