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HomeMy WebLinkAboutO-78-01ORDINANCE NO. CHAPTER NO. AN ORDINANCE ON THE CONTROL OF ANIMALS, SETTING FINES FOR VIOLATION THEREOF AND .SE.TT!NG'.AN'EFFECTIVE'DATE BE IT 'ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Chapter 6 of the ~Ordinances of the City of Sebastian is hereby amended to include the following provisions: t. Definitions: (a) Person shall mean natural person, or persons, firms, association or corporation. (b) Owner shall mean any person, as herein defined, who owns, keeps, harbors or controls an animal. (c) Animal shall mean any living dumb creature capable of self-locomOtion. (d) Vicious animal shall mean any animal of fierce or dangerous propensities' which is likely to cause injury to a person or persons or damage to property, or any animal which eXhibits'traits which are ungovernable, or any animal which dis- plays a habit of unprompted biting or has a history of biting persons three (3) times' within a period of eighteen (18) months. (e) At large shall mean when an animal is off of the premises of the owner and not under the actual control, custody, charge 'or possession of the owner or other responsible person either by leash, cord, chain, or other means of actual control. (f) Impounding officer shall mean the person or persons appointed by, contracted with,' or employed by the City Council. .(g) Bite or scratch shall mean the breaking of the skin. (h) Temporary shall: mean one calendar week. (i) Immediate family shall mean husband, wife, children or other person residing in the household of the animal owner, .if related by consanguinity or affinity. 2. It shall be unlawful for any person to own, keep or harbor any animal found at large, which animal is endangering the health and safety of the public, damaging or destroying real or personal property, or is not vaccinated as required by law. 3. It shall be unlawful for any person to own, keep or harbor any vicious animal which is not confined in a building or secured enclosure, or to release, either wilfully or through a failure to exercise due 'care or' control, or to take such animal out of such building or secured enclosure .in such manner as is likely to~ Cause injury to a person or damage to property of another person, within the city limits of the City of Sebastian. 4. It shall be unlawful for' any person to own, keep or harbor any animal which habitually barks, whines, hOwls or runs after persons or vehicles, which destroys or damages any property of another person, which causes serious ~annoyance to a neighboring resident and interfers with the reasonable use and enjoyment of his property, or which is otherwise offensive SO as to create a nuisance, or which defeCates or urinates'upon any property or premiseS owned by any person except the property premises of owner of such animal. 5. It shall be unlawful for the owner of any dog to keep any dog more than four (4)months old in the incorporated area of the City of Sebastian without having said dog vaccinated annually against' rabies by a licensed, veterinarian and licensed as required by law. It shall be unlawful for the owner of any other animal required to be Vaccinated annually against rabies, to keep such animal without having it vaccinated bY a licensed veterinarian as required by law. - 2 - 6. The Chief of the Sebastian City Police Department and his designated officer or officers, are hereby appointed and designated as impounding officers of the City of Sebastian, to receive, catch, pick up and impound any animal running or roaming at large or believed to be a stray, and any animal not vaccinated or licensed, and to receive, catch, pick up and impound any animal believed to have rabies or other infectious or contagious disease and to deliver any such animal to the Humane Society of Vero Beach, Inc. 7. The City of Sebastian may enter into agreements with and pay to the Humane Society of Vero Beach, Inc., such amounts as the Council may deem reasonable for the picking up, impounding and disposing of animals running at large or having or believed to have rabies in the city limits of the City of Sebastian. 8. The Humane Society of Vero Beach, Inc., its agents and employees, are hereby authorized to receive from the impounding officer and impound any animal running or roaming at large or believed to be a stray and any animal not vaccinated according to law. The society is hereby authorized to humanely destroy or otherwise dispose of any such animal whose owner or keeper is not known or which is not redeemed after notice has been given by said society to the person, firm or corporation own- ing, possessing, harboring, keeping or maintaining such animal, and such animal may be redeemed upon payment of accrued fees and charges and compliance with the provisions of this article. The society, its agents and employees, are hereby further authorized to receive from the impounding officer and im- pound any animal in the City of Sebastian believed to have rabies or other infectious or contagious disease. The ~ociety is hereby authorized to engage the services of a licensed veterinarian to observe or treat such animal, and any other impounded animal believed to have rabies of contagious disease, at the expense of the owner or keeper and to destroy any such - 3 - animal without compensation to the owner or keeper upon certifica- tion by the attending veterinarian that the ~continued existence of such animal jeopardizes public health, safety and welfare. If it does not appear that the continued eXistence of such animal jeopardizes public health, safety or welfare, the Society shall return such animal to the perso'n, firm or corporation owning, possessing, harboring, keePing or maintaining the same upon pay- ment of accrUed fees or charges.' The Society is hereby granted discretionary authority to immediately and humanely destroy or otherwise dispose of any such sick for diseased animal whose condition is ~such that its continued eXistence would be inhumane. The Humane Society of Vero Beach, Inc., is hereby authorized to charge for receiving, catching, picking up, impounding, boarding and keeping any animal sought to be redeemed such fees as may be adopted by proper reSolUtion by the City Council. 9. Any person who owns, keeps or harbors any animal Which violates any section of this ordinance Shall be guilty of a violation of a municipal ordinance of theCity of Sebastian, and upon conviction may be fined by imprisonment not 'to exceed six (6) months 'or fine not to eXceed $500.00, or both. 10. 'All ordinances, and parts of ·ordinances, in conflict with this ordinance, for inconsistent with the provisions of this ordinance, are ·hereby repealed, 11. This ordinance shall beCome effective immediately upon its passage. Mayor ATTEST: "CitY Clerk - 4 - I HEREBY CERTIFY that the foregoing Ordinance was duly enacted as an emergency ordinance in accordance with F.S. 166.041 by a' ~.~ vote of the City Council of the City of Sebastian, Florida, on the '/~' day of February, 1978, at the regular meeting of said council held at the City Hall of the City of Sebastian, Florida. City Cl~er~k