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HomeMy WebLinkAboutO-78-05ORDINANCE NO. CHAPTER NO. AN ORDINANCE ON' THE CONTROL OF ANIMALS, SETTI'NG FINES' FOR VIOLATIiON THEREOF AND SETTING AN EFFECTIVE. DATE BE IT ORDAINED BY THE C~TY COUNCIL OF THE CI'TY OF SEBASTIAN, FLORIDA, as follows: Chapter 6 of the Ordinances of the City of Sebastian is hereby amended to include the following provisions: 1. Definitions: (~) Person shall mean natural person, or persons, firms, association or corporation. (lb) Owner shall mean any person, as herein defined, who owns, keeps, harbors or controls an animal. (Cl Animal shall mean any living dumb creature capable of self-locomotion. (d) Vicious animal sh~ll 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 bi.ting or has a history of biting persons three (~ times within a period of eighteen (.18) months. (D) 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 th~ owner or other responsible person either by. leash, cord, chai.n, or other means of actual control. (~ Impounding officer shall mean the person or persons appointed by, contracted with, or employed by the City Council. (g) skin. Bite or scratch shall mean the breaking of the (h~ Temporary shall mean one calendar week.. fi) I~mediate 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 la~ge, which, animal is endangering the health and safety of the public, damagi,ng or destroying real or personal property, or ~s 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, wi,thin 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 inte.~fers ~th 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). ~onths 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 w~thout having it vaccinated by a licensed veterinarian as required by law. 6. The Mayo~, with the consent of the City Council, shall appoint the impounding offi,ce~ or officers of the City. of Sebastian, to receiye, catch, pick. up and impound any animal running or roaming at large or believed to be a stray, and any animal not vaccinated or l~censed, and to deliver any such. animal to the ~mane Society-of Vero Beach, Inc., or any other bus~ness or organization designated by the City Council to be in charge of such. animals. In the event such animal is seriously injured or seriously, ill, or believed to have rabies or other infectious or contagious' d~sease, at the discretion of the impounding officer such animal shall be first delivered to a veterinarian designated by the City, Council, and upon release by the veterinarian be delivered to the impounding shelter. 7. The. C~ty of Sebast±an shall designate an impounding shelter or facility' and for this purpose enter into agreements with the Humane Soci.ety' of Vero Beach., I'nc., or such other business or organization as so designated by the City Council, and pay, such~ amounts as the. Council may' from time to time deem reasonable for the impounding and disposing of animals running at large or having or believed to have rabies or other infectious or contagious disease Wi.thi~ the city. limits of the City of Sebastian. 8. ~a~ The H.~mane Society of Veto Beach, Inc., or any other business or organization so desi.gnated, their agents and employees, are hereby-authorized to receive, from the impounding officer and i~pound any animal (~ seriously injured or diseased; (~2] running or roaming at large or believed to be a stray and any' animal not vaccinated and li. censed according to law-; and (3) believed to have rabies or other infectious or contagious-disease, (b) The society', business or organization receiving such animals' from the city, are hereby authorized to humanely destroy or otherwise d~spose of any such animal whose owner or keeper ~s not known or which is, not redeemed within five (5) days after notice ha~ been given to the person, firm or corporation owning, possessing, harboring, keeping or maintaining such animal. An animal maY' be redeemed by, ~ts owner or keeper upon payment of accrued fees and charges sat by the City Council and in compliance with. the provisions of this article. ~ Th~ society, business or organization are hereby authorized to engage the services of a licensed veterinarian to observe or treat suck impounded animals, at the expense of the owner or keeper, or if th~ owner or keeper cannot be located, at the expense, of' the City of Sebastian, and to destroy any such animal without compensation to the owner or keeper upon certifi- cation by the attending veterinarian that the continued existence of such. animal jeopardizes public h~alth, safety and welfare. I'f it does not appear that the continued existence of such animal jeopardizes public health., safety and welfare, the society, business or organization shall return such animal to the person, firm or corporation owning, harboring, possessing, keeping or maintaining the same upon pavement of accrued fees or charges to the City~ of' Sebastian as set b~, separate resolution of the City Council and to the veterinarian attending said animal. The society, business or organ±zation are hereby granted discretionary authority' to immediately and humanely destroy or otherwise dispose of any' such. si.ck or diseased animal whose condition is such that its continued existence would be inhumane. 9. The City of Sebastian is authorized to charge, fees, including fees for clerical sarvices, for receiving, impounding, boarding and keeping suck animals as from time to time may be determined by-the City Council, and any owner or keeper seeking to redeem his animal, must first obtain a statement from the City Clerk of the City of Sebastian and the veterinarian, if any, that said fees have been paid and submit proof of vaccination and licensing before such. animal can be released. 10. Any person who owns, keeps or harbors any animal which, violates any section of thi. s ordinance, shall be guilty of a violation of a municipal ordinance of the City of Sebastian, and upon conviction may be fined by imprisonment not to exceed six months, or fine not to exceed $500.00, or both,. 11. All ordinances and parts of ordinances in conflict with this ordinance, or inconsistent with the provisions of this ordinance, are hereby repealed. 12. This ordinance shall become effective immediately upon its passage. ATTEST: Pat ~lood, Jr., Mayor 1 HEREBY' CERTIF~ .that notice of the public hearing of the foregoing Ordinance. was given in accordance with Chapter 1.66.041 of the Florida Statutes on. L~~~.~ ~ ~7 3 1978, in the Veto Beach Pre'ss Journal, a~newspaper of' general circulation in tha City of Sebastian, Florida; that said public hearing was h~ld i.n the. City Hall of the City of Sebastian, Florida, at 7:00 P.M. on ~~~~--~' 1978; that said Ordinance passed on first reading on -- 5 /~ <g~ , 1978, and that said Ordinance passed on second and final, readi.ng and was adopted by the .City Council of the City of Sebastian on ~,, 1978.