§ 2-4-2. Definitions.
The following terms shall have the meanings as indicated. No attempt is made to define any words which are used in accordance with their established dictionary meaning, except when necessary to avoid misunderstanding. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, words in the singular number include words in the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall," "will," and "must" are mandatory and the word "may" is permissive.
Abandon or abandonment shall mean the desertion of an animal or the failure, neglect, or refusal of an animal's owner or custodian to care for and maintain such animal.
Affidavit shall mean a written declaration made under oath before a notary public or other authorized officer.
Animal shall mean any living dumb creature that is a member of the mammalian, avian, reptilian, or amphibian species, except that sections of this ordinance controlled by statute shall be governed by the statutory definition of animal.
Animal services center shall mean any facility maintained by Manatee County or any municipality within Manatee County for the confinement and maintenance of domesticated animals that, pursuant to the provisions of this ordinance, come into the custody of Manatee County or a municipality within Manatee County.
Animal services division or division shall mean the division of Manatee County government established by the board and authorized to enforce this ordinance.
Animal services officer shall mean any individual employed, contracted with, or appointed by the county who is appropriately trained and authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations. Animal services officers are not authorized to bear arms or make arrests, but are otherwise empowered as provided for in Section 828.27, Florida Statutes (2005).
At large shall mean any dog or cat on the owner's premises, not in the control of the owner or custodian; or any dog or cat off the premises of the owner or custodian and not under the physical control of the owner or custodian.
Baiting shall mean to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in fights, with or among other animals.
Bite shall mean any cut, puncture, or breakage of the skin or tissue made with the teeth or fangs of any animal.
Board of county commissioners or board shall mean the board of county commissioners of Manatee County, Florida, or the governing body of any municipality within Manatee County.
Boarding facility shall mean any premises wherein six (6) or more adult animals are kept for the purpose(s) of boarding, training, or any other similar business purposes.
Chief shall mean the person in charge of the day-to-day administration of the division of animal services, or his or her designee.
Cat means, but is expressly not limited to domestic cats, Felis catus , and any genetic hybridization thereof, including, but expressly not limited to, ocelot hybrids and bobcat hybrids, that is not under the jurisdiction of the Florida Fish and Wildlife Conservation Commission.
Citation shall mean a written notice issued to a person by an officer when the officer has probable cause to believe that the person has committed a civil infraction in violation of this ordinance.
Confine or confinement shall mean to humanely, safely, and securely hold or restrict an animal in a designated area or to keep an animal within certain parameters.
Control shall mean the regulation of the possession, ownership, care, custody, and supervision of an animal.
County shall mean Manatee County, a political subdivision of the State of Florida.
County administrator shall mean that person appointed by the board of county commissioners to manage the operational affairs of the county.
Cruelty shall mean any act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue when there is reasonable remedy or relief, unless excepted by law.
Dangerous dog shall be defined in accordance with Section 767.11, Florida Statutes (2005).
Direct control shall mean immediate and continuous control of an animal at all times by means such as a fence, animal carrier or cage, leash, tether, cord, or chain of sufficient strength to restrain the animal or the animal shall be within the unobstructed sight, attended, and supervised by a competent person by use of hand or voice control when on the property of the owner or custodian, or property which the owner or custodian of the animal has the right to use.
Dog means, but is expressly not limited to, domestic dog, Canis familiaris , and any genetic hybridization thereof, including, but expressly not limited to, wolf hybrids and coyote hybrids, that is not under the jurisdiction of the Florida Fish and Wildlife Conservation Commission.
Domestic animal shall mean and include any equine or bovine animal, dog, cat, goat, sheep, swine, poultry, or other domesticated beast or bird.
Fence shall mean an effective and reliable pet containment system constructed of chain link, wood, or similar material with the ability to confine the animal to the property. This shall also include containment systems wherein a constructed fence is not visible and the animal is wearing an electronic collar manufactured for the system, provided such system is in working order.
Feral cat shall mean a cat that:
(1)
Has an uncared for condition, such as rough haircoat, underweight, or poor general health;
(2)
Cannot be handled without injury to the cat or a person;
(3)
Displays violent or aggressive behavior; and
(4)
Has no indication of ownership or identification, such as a tag, microchip, or tattoo.
Ferret shall mean any member of the domestic ferret species, Mustela putorius furo , regardless of age.
Harbor shall mean to perform any acts of providing care, shelter, protection, refuge, food, or nourishment in such a manner as to control the animal's actions.
Humane or humanely shall mean the responsible practice of good animal husbandry, management, and care in regard to feeding, watering, ventilation, space and confinement, exercise, lighting, shelter with protection from the elements, handling, and treatment in a manner consistent with the physical and behavioral needs of the species. The definition also includes the provision of euthanasia consistent with lawful practices.
Impound or impoundment shall mean the taking of an animal into custody through lawful means by the division.
Intact shall mean any dog or cat that has not been spayed or neutered.
License certificate shall mean a document evidencing registration and vaccination for rabies of a dog, cat, or ferret residing in the county which contains at a minimum the information required by Section 828.30, Florida Statutes (2005).
Motor vehicle or vehicle shall mean any vehicle which is self-propelled, including a vehicle propelled by electric power, including, but not limited to, mopeds, go-carts, motorcycles, dune buggies, boats, recreational vehicles, trucks, trailers, semi-trailers, truck-tractors, semi-trailer combinations, or any other attachment to such a vehicle, operated on the roads of the county.
Officer shall mean any law enforcement officer as defined in Section 943.10, Florida Statutes (2005), or any animal services officer as defined herein.
Official certificate of veterinary inspection shall be defined in accordance with Section 828.29(3)(b), Florida Statutes (2005).
Owner or custodian shall mean any person owning, harboring, possessing, or otherwise keeping or exercising control or custody of any animal, or if the animal is owned by an individual under the age of eighteen (18), that individual's parent or guardian. Knowledge and acts of agents and employees of the owner in regards to animal transportation, employment or custody shall be held to be the knowledge and acts of the owner.
Owner release and surrender statement shall mean an animal release form or statement signed by the owner, or his or her authorized agent, which relinquishes all ownership and possessory rights and vests those rights in the county.
Person shall mean any individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, entity, or any group or combination thereof.
Physical control shall mean the immediate and continuous control of an animal at all times by means such as an animal carrier or cage, leash, cord, or chain of sufficient strength to restrain the animal when off the property of the owner or custodian or on public property. The leash, cord, or chain shall not exceed eight (8) feet in length.
Proper enclosure shall mean securely enclosed and locked pen or structure, suitable to prevent the entry of other dogs, cats, or young children and designed to prevent the dog or cat from escaping over, under, or through the structure and shall also provide protection from the elements in a humane manner.
Quarantine shall mean the strict, humane confinement, isolation, and observation of an animal suspected of carrying or being infected with rabies or some other contagious disease or dangerous condition.
Rabies exposure shall mean an action whereby a potentially rabid animal has bitten, scratched, or put its saliva in contact with the mucous membrane or an open lesion of another animal or human being.
Rabies vaccination shall mean the vaccination of a dog, cat, ferret, or other domestic animal with an anti-rabies vaccine approved by the U.S. Department of Agriculture and administered by a licensed veterinarian.
Registration shall mean filing a county license certificate for an animal with the division informing them of ownership and for license tag purposes.
Service animal shall mean any guide or signal dog or other animal that is specially trained and certified as a service animal to provide assistance to an individual with a disability.
Service animal user shall mean a person who is visually impaired, blind, hearing impaired, deaf, physically challenged, or similarly health impaired person whom by reason thereof is aided by a service animal.
Severe injury shall mean any physical injury that results in broken bones, multiple punctures, or disfiguring lacerations requiring sutures or reconstructive surgery, regardless of the permanency of any disfigurement.
Shelter 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 be:
(1)
Sufficient in size to allow each sheltered animal to stand up, turn around, lie down, and stretch comfortably;
(2)
Designed to protect the sheltered animal from the adverse effects of the elements and provide access to shade from direct sunlight and regress from exposure to inclement weather conditions; and
(3)
Free of standing water, accumulated waste and debris, protect the sheltered animal from injury, and have adequate ventilation. Structures with wire, grid, or slat floors which permit the animal's feet to pass through the openings, sag under the animal's weight or which otherwise do not protect the animal's feet or toes from injury are prohibited except for birds where perches are provided.
Sterilized shall mean rendered permanently incapable of reproduction such as by surgical or chemical means.
Sustenance shall mean access to and the provision of palatable nourishment appropriate for the type of animal which is to eat it, free from contamination and provided in a clean and sanitary manner. Food shall be of sufficient nutritional value to maintain the animal in good health and shall be provided at suitable intervals for the species, age and condition of the animal, but not less than once daily, except as otherwise prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal to the species.
Tag shall mean a current county issued or approved animal license tag.
Tether shall mean to restrain an animal by tying the animal to any object or structure, including without limitation, chain, rope, cord, leash, running line, or other binding material. Tethering shall not include using a leash to walk an animal.
Torment shall mean every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue when there is reasonable remedy or relief; except when done in the interest of medical science pursuant to and in compliance with the applicable law.
Transfer shall mean to convey or shift ownership from one person to another, with or without the exchange of money or other consideration.
Unjustifiable pain or suffering shall mean the character of an act which cannot reasonably be excused, defended, or vindicated (such as in connection with the practice of veterinary medicine, law enforcement activities, to end needless suffering, or in defense of persons or other animals).
Unprovoked means that the victim, who has been conducting himself or herself peacefully and lawfully, and has done no act to induce an animal to act, has been bitten, chased in a menacing fashion, or attacked by an animal.
Veterinarian shall mean an individual who is licensed to engage in the practice of veterinary medicine in the State of Florida or is exempt from the state licensure requirements under the authority of Chapter 474, Florida Statutes (2005).
Water shall mean provision of and access to clean, fresh, and potable water of a drinkable temperature which is free from contamination and provided in a suitable manner, in sufficient volume, and at suitable intervals to maintain normal hydration for the age, species, condition, size and types of each animal, except as otherwise prescribed by a veterinarian or as dictated by naturally occurring states of hibernation. An animal confined outdoors shall have a continuous supply of clean, fresh, and potable water, unless the animal is under the direct supervision of a responsible person who shall ensure sufficient water is provided to the animal in order to maintain normal hydration for the species of the animal.
(Ord. No. 12-10, § 1, 5-8-12)