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ORDINANCE NO. 0-87-26
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, IN
EFFECT ADOPTING THE INDIAN RIVER COUNTY ANIMAL CONTROL
ORDINANCE AND REPEAL OF CHAPTER 5 ANIMALS AND FOWL
(SEBASTIAN CODE 1970 ed.); AND ENACTING OF NEW SECTION
5-1, BIRD AND WILDLIFE SANCTUARY.
WHEREAS, there presently exists a need and desire within the
City of Sebastian for more responsible animal ownership and
management practices; and
WHEREAS, a similar goal has been expressed by the Board of
County Commissioners of Indian River County, Florida; and
WHEREAS, Indian River County has adopted a comprehensive
Indian River County Animal Control Ordinance number 83-22 (copy
attached); and County Resolution 83-43 (copy attached) and
WHEREAS, a uniform county wide program in the control of
animals lends itself to greater efficiency,
WHEREAS, the county ordinance shall be applicable to all
Indian River County except to the extent that a municipality has
an inconsistent ordinance; and
WHEREAS, the repeal of current City ordinance will auto-
matically place in effect the county ordinance within the City of
Sebastian,
NOW THEREFORE, be it ordained by the City Council of the
City of Sebastian, Florida that:
SECTION .I
Repeal of Chapter ~ Animals and Fowl (Sebastian Code)
Code 1970 ed.
Chapter 5 Animals and Fowl (Sebastian Code, 1970 ed.) IS
HEREBY REPEALED. A copy of these repealed sections is set forth
in Appendix A to this Ordinance.
SECTION n
A new section 5-1 of the City of Sebastian Code, reading as
follows:
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" Sec. 5-1. Bird and wildlife sanctuary-Unlawful to shoot
or trap birds and certain animals; permit to kill; siqns;
The said city of Sebastian, including all lands now or
hereafter within its territorial limits, is hereby
established as a sanctuary and a reserve for all birds and
fur-bearing animals; and it shall be unlawful for any person
to hunt, kill, shoot or trap or in any manner kill or destroy
said birds and fur-bearing animals within the city limits
unless written permission is expressly granted to an
individual or group by the city manager. The city manager
is hereby authorized to issue a permit for the killing or
destroying of any birds and fur-bearing animals that become
obnoxious or destructive. Appropriate signs of permanent
nature approved by the city council may be furnished, placed
and maintained at the principal entrances to the city
limits".
IS HEREBY ADOPTED.
SECTION III = effective date
This Ordinance shall become effective immediately upon final
passage.
This Ordinance was read for the first time on the 18~ day
of 71~
, 1987, and was advertised in the Vero Beach
Press Journal on the 3o~ day of i7~
, 1987, for a
public hearing to be held on the CfttJ day of ,{)Jl..t~
, 1987,
at which time it was moved for adoption by councilman1YUA~
and seconded by Councilman rYlr~ ' and adopted by the
following vote:
Mayor Harris AYt!..
Vice Mayor Roth l1y 6
Councilman Vallone ,lJ Ye
Councilman McCarthy A it:
Councilman Metcalf Ii Y-c
by:
FLORIDA
ATTEST:
~ n,. (),tlan~
Kathr n M~ O'Halloran
City Clerk
Approved as to Form and
Legal suffie~:
7~~. {k:1-
City Attorney
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Chapter 3
ANIMAL CONTROL.
Sec. 3-1. Short title.
This chapter may be referred to and cited as the uIndian River
County Animal Control Ordinance." COrd. No. 83-22, ~ 1,6-15-83)
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Sec. 3-2. Definitions.
As used in this chapter, the following terms shall mean:
AnimaL' Generally, any living dumb creature capable of self.
locomotion, but if the context requires, may refer to only a dog or
cat, or both.
Animal control authority: Refers to one or more or all of those
offices, departments, agencies, groups or individuals, designated
by the board of county commissioners of Indian River County to
provide a function or service relating to animal control or regula-
tion under the terms of this chapter.
Bite: An action whereby an animal physically breaks the skin
of another animal or human with its teeth.
Cruelty: Any act of neglect, torture, or torment that causes the
unjustifiable pain or suffering of an animal.
Designated impoundment facility: Any facility designated or
recognized by the board of county commissioners of Indian River
County for the purpose of impounding and caring for animals.
.EcUtor's note-Section 16 of Ord. No. 83-22, adopted June 15, 1983, repealed
the provisions of former Ch. 3 to the extent that they conflicted with the new
animal control provisions set out by sections 1-15 of 83-22, which the editor has
numbered as new It 3-1-3-9, 3-12-3-17. Section 16 also saved former U 3-2 and
3-3 from repeal; the editor has retained these sections and renumbered them as
It 3-10 and 3-11. Additionally, the provisions of Res. No. 83-43, also adopted June
16, 1983, have been included as U 3-18 and 3-19 at the editor's discretion.
Fonner Ch. 3 derived from Sp. Acts. Ch. 29157 of 1953, ~ 1; Ch. 65-1711, U
1-6; and Ch. 67-1614, It 1-3,6,9. Former Ch. 3 also derived from Ord. No. 72-7,
enacted July 15, 1972; 77.9, enacted June 24, 1977; 77-41, enacted Dec. 27. 1977;
80-29, enacted June 9, 1980; and Res, No. 72-67, adopted July 12, 1972.
Cross references-Fish and game, , 9-1 et seq.; riding in parks. ~ 1714-4(bX3l;
hunting in parks, , 17%-4(bX6); dogs generally prohibited in parks, , 1714-4(bX24);
establishment of Pelican Island Aquatic Preserve, ~ 25-1.
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INDIAN RIVER COUNTY CODE
Enclosure: Enclosure shall mean a fence or structure at least
six (6) feet in height forming or causing an enclosure suitable to
prevent the injury of young children, and suitable to confine a
vicious dog in conjunction with other measures which may be
taken by the owner or keeper, such as tethering of the vicious dog.
Such enclosure shall be securely enclosed and locked and de-
signed with secure sides, top and bottom and shall be designed to
prevent the animal from escaping the enclosure.
Exposure: An act whereby an animal has bitten, scratched, or
placed its saliva in contact with the mucous membrane or an open
lesion, cut or wound of another animal or human.
Humane Society: Shall mean the Humane Society of V ero Beach,
Inc., or any association, organization or corporation, whether for
profit or not, which pursues substantially similar goals and ob-
jectives.
Livestock: Shall be construed to mean horses, mules, cattle,
sheep, goats, swine and other grazing animals.
Nonresident or temporary resident: Any owner of an animal
regulated by this chapter who does not habitat or reside within
Indian River County for longer than four (4) months out of any
given year.
Owner: Any person, partnership, or corporation owning, keeping,
or harboring one or more animals, including any custodian or
other person in charge of an animal. An animal shall be deemed
to be harbored if it is fed or sheltered for five (5) consecutive days
or more.
Person: Any individual, corporation, partnership, organization,
association, trust, joint venture, or other entity commonly recog-
nized by law as a unit capable of ownership or management of
- property.
Public nuisance animaL' Any animal which:
(1) Attacks passersby or passing vehicles without provocation;
(2) Attacks other animal;
(3) Is repeatedly at large or not under restraint;
(4) Damages private or public property;
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(5) Barks, whines, or howls in an excessive, continuous fashion
so as to disturb adjacent residents; or
(6) Causes an annoyance in the neighborhood by acts such as
overturning garbage cans" defecating, digging holes on other
than it owner's property, or such other acts as are gener~
ally regarded to create an annoyance.
Restraint: An animal shall be considered under restraint only if
it is:
(1) Within the real property boundaries of its owner, or of any
other person with the express permission of that person, or
(2) When outside of said boundaries, under the actual control,
custody, or possession of the owner or other responsible
person, by either leash, cord, chain or similar device.
Sterilization: The process of rendering permanently incapable
of reproduction.
Tattoo: Any permanent numbering of a vicious dog by means of
permanent ink with the license tag number issued to the vicious
dog, or any other permanent acceptable method of tattooing.
Tax collector: Shall mean the office of the tax collector of Indian
River County, or any of its employees or agents, including any
veterinarian providing licensing services pursuant to a contract
with the tax collector's office.
Vicious dog: Vicious dog shall mean:
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(1) Any dog which, when unprovoked, approaches any person
in apparent attitude of attack upon the streets, sidewalks,
or any public grounds or places in a vicious or terrorizing
manner;
(2) Any dog with a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise en-
danger the safety of human beings or domestic animals;
(3) Any dog which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal without provo-
cation on public or private property; or
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INDIAN RIVER COUNTY CODE
(4) Any dog owned or harbored primarily or in part for the
purpose of dog fighting. (Ord. No. 83-22, ~ 2, 6-15-83; Ord.
No. 90-5, ~ 1, 2-20-90)
Sec. 3-3. Annual vaccination and licensing requirement.
After the effective date of this chapter, it shall be unlawful and
subject to all penalties provided below for. any person to own,
keep, harbor, maintain or have custody of any dog or cat which
has attained an age of four (4) months, unless such dog or cat has
been currently vaccinated, licensed and collared or harnessed in
accordance with the following provisions. (Ord. No. 83-22, ~ 3,
6-15-83)
Sec. 3-4. Procedure for application, issuance and renewal
of license.
(a) On or between January 1 and April 30 of each calendar
year, every person subject to the requirement of section 3-3 shall
make written application to the tax collector for issuance or
renewal of a license. Each application shall provide the appli-
cant's name, residential address, and telephone number (home
and business), and shall give an accurate description of the dog or
cat being licensed, including name, breed, color, gender, size,
reproductive status, and date of birth or age. In addition, an
applicant shall provide proof of vaccination for rabies, adminis-
tered by a licensed veterinarian within the twelve-month period
immediately preceding the date of application. No license shall
be issued in the absence of such proof, which shall be by signed
certificate of the administering veterinarian, indicating the date
of vaccination, the manufacturer, and the lot or serial number of
vaccine used. A certificate shall not be valid for more than one
animal unless clearly indicated otherwise thereon by the certify-
. ing veterinarian. If a dog or cat attains the age of four (4) months
following April 30 of any given year, the owner shall have thirty
(30) days thereafter in which to make application for a license as
required above.
(b) Any license issued shall be valid until April 30 of the
following calendar year and shall be renewed by repeating the
above application procedure.
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(c) The board of county commissioners shall by resolution adopt a
schedule of fees to be collected from each applicant prior to issu-
ance or renewal of a license. Such schedule may provide for a
range of fees based upon reproductive status, timeliness of appli-
cation, or whether the animal being licensed is a dog or cat.
Licensing fees are hereby waived with respect to any dog serving
the handicapped or government-owned dog used for law enforce-
ment purposes.
(d) If an owner is seeking to have an animal licensed as a
neutered or spayed animal, the owner shall provide with the
application sufficient proof of sterilization. This proof may be by
means of certification of the licensed veterinarian who performed
the procedure, or if not available, by opinion of an examining
veterinarian as to the animal's apparent reproductive status, or
by any other equally reliable documentary evidence. Any animal
certified by an examining veterinarian to be either permanently
incapable of reproduction or unsuitable for surgical sterilization,
. by virtue of age, disease, or other infirmity, or any animal under
the age of one year, shall be licensable as a sterilized or nonrepro-
ductive animal.
(e) Upon proper application and payment of fees, the tax col-
lector or its designated agent shall issue a durable. tag which
bears the registration number, and the year and county of issu-
ance. The current license tag together with a current rabies
vaccination tag shall be affixed or attached to a durable and well
fitting collar or harness and shall be worn at all times by the
licensed dog or cat, whenever such animal is outside of the dwell-
ing unit of its ownerJ whether lawfully restrained or not.
(0 No license shall be transferable from one animal to another
nor from one owner to another owner. U pOD transfer of a pre-
viously licensed animal to a new owner, said owner shall have a
period of thirty (30) days within which to comply with the re-
quirements of this chapter.
(g) The tax collector may enter into contractual arrangements
with any licensed veterinarian in this county to serve as its agent
for the purposes of licensing of animals under this chapter. All
such contracts shall be subject to prior approval by the board of
county commissioners, shall be in a standard form. and shall be
equally available to all interested qualifying veterinarians.
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INDIAN RIVER COUNTY CODE
(h) The tax collector or any contracting agent therefor shall
make a record for each such license issued and shall provide all
, licensing information to a central data system which is readily
and continuously available for animal control authority purposes.
(i) The licensing provisions of this chapter shall not apply to:
(1) Any owner who is a nonresident or temporary resident, as
defined, provided that the owner's dog or cat has been
vaccinated for rabies in some other jurisdiction, which vacci-
nation remains valid under the laws of that jurisdiction for
the duration of the anticipated stay within this county. All
other requirements including restraint obligations shall
apply; or
(2) The ownership, care, custody or maintenance, in the ordi-
nary course of business, of any animal by a research or
veterinary medical facility, government-operated or licensed
animal shelter, humane society facility or commercial pet
shop, provided that said shelter, facility or shop is operat-
ing in accordance with all applicable occupational licens-
ing and zoning ordinances. (Ord. No. 83-22, A 4,6-15-83)
Sec. 3-5. Additional ownership responsibilities; responsi-
bilities of public.
Notwithstanding compliance with sections 3-3 and 3-4, above,
it shall be unlawful and subject to all penalties pr~vided below
Cor the owner of any dog or cat to fail to comply or cause compli-
ance with any or all of the following obligations:
(1) Keep each such animal under restraint, as defined.
(2) Exercise that degree of care and control necessary to pre-
vent_ such animal from becoming a public nuisance or a
nuisance to any person, other domestic animal or livestock,
or to any real or personal property other than that of its
owner. This obligation shall include but not be limited to:
a. The prompt removal of excreta or feces of such animal
from public walks, rights-of-way, park and recreation
areas, beaches, or other public property, or from pri-
vate property not belonging to the owner, unless the
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ANIl\1AL CONTROL
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owner has been given express permission to make use
of said private property; or
b. Affirmative action by an owner as may be necessary to
prevent material disturbance, annoyance or interrup-
tion of the reasonable possession, use and enjoyment
of another's property, such as that resulting from an
animal's habitual howling, whining, barking. digging
or other slJ,ch obnoxious behaviors; or
c. The abatem~nt of unsanitary conqitions characterized
by emission of odors, breeding or habitation of insects,
rodents or other vermin, or similar indications.
(3) Keep any female dog or cat which is known or should be
known by her owner to be in heat (estrus) confined inside a
building or in the leashed company of its owner in a man-
ner such that said animal cannot come into contact with
another except for planned breeding purposes.
(4) Keep any vicious animal, following a formal determination
of that status in accordance with sections 3-9 and 3-10,
confined within a building or other secure enclosure, or
securely leashed and muzzled or caged whenever not so
confined; or to forfeit any such animal or remove same
from county as required by the animal control division.
(5) It shall be a violation of this chapter for any person to
impound or confine any animal in any place without suf-
ficient food and water daily except under veterinary super-
vision; to keep any animal in any enclosure without pro-
viding sufficient exercise and adequate ventilation; to fail
to provide shelter from the weather, clean quarters, and
medical attention for sickly, diseased, or injured animals;
or to fail to inoculate the animal against rabies as required
by this chapter. However, this chapter shall not require the
provision of shelter from the weather and clean quarters
for livestock in open pasture.
(6) It shall be unlawful for any person to leave or deposit any
poison or any substance containing poison, in any common
street, alley. lane, or thoroughfare of any kind. or in any
yard or enclosure other than the yard or enclosure occupied
or owned by such person.
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INDIAN RIVER COUNTY CODE
'(7) It shall be unlawful for any person injuring any dog, cat, or
livestock by any means, to fail to notify the owner of the
animal, the animal officer, or to report the incident to the
county 911 system.
(8) It shall be unlawful for any person to tease or molest an
animal.
(9) It shall be unlawful for any operator of a motor vehicle to
allow an animal to occupy any unenclosed section of that
vehicle without restraining and securing the animal in a
manner which does not present a danger to the animal or
to others. (Ord. No. 83-22, ~ 5, 6-15-83; Ord. No. 90-5, ~ 2,
2-20-90)
Sec. 3-6. Animal control authority; general powers; agents
for enforcement of cruelty to animals statutes.
(a) There is hereby established an animal control authority to
be comprised of various offices, departments, agencies or individ-
uals uniquely or properly suited to serving a function or provid-
ing a service required or authorized by this chapter. The board of
county commissioners shall by resolution designate the composi-
tion of the animal control authority and the primary function or
service to be provided by each component. The county adminis-
trator shall designate an individual to be known as the animal
control director, who shall be charged with the coordination and
administration of all animal control authority activities.
(b) The animal control authority is hereby authorized to re-
ceive, capture, pick up, and impound any animal running OA"
roaming at large, including any dog or cat not properly restrained,
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vacCinated br licensed as required by this chapter, or believed to'
be astray, or believed to have rabies or other infectious or conta-
gious disease, and to take all steps necessary and lawful to initi-
ate and prosecute violations of this chapter.
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(c) The animal control authority is hereby further designated
to act as the agent of the board of county commissioners of Indian
Riv~r County for purposes of investigating violations of Chapter
828, Florida Statutes, as may be amended from time to time. The
aqthority shall have all enforcement and administrative powers
established therein, and any remedy provided in said Chapter
828 shall be in addition to the remedies provided. in this ordi-
nance. All duties, obligations' and prohibitions in said Chapter
828, pertaining to the prevention of cruelty to animals, are hereby
incorporated as provisions of this chapte"r,and a violation thereof
shall be deemed to be a violation of this chapter, subject to all
penalties and enforcement alternatives provided below.
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(d) . Upon recommendation by the county administrator or his
designee, the board of county commissioners, by resolution, and
pursuant to the authority ,of. section 828.27, Florida Statutes,
may. approve appointment of one. or more animal control officers
to enforce the, provisions of this chapter. Any animal control
officer appointed and approved by the board of county commis-
sioners, .or. any law enforcement officer as defined in Florida
Statutes, section 943.10(1), shall be referred to herein as officers
and are hereby authorized to issue citations notifying persons to '.
appear in the county court when the officer has probable cause to
believe that such person has committed a violation of the Indian
River County animal control ordinance. The determination that
a violation has occurred may be the result of the officer's own
investigation or as the result of a complaint by an aggrieved
person~ (Ord. No. 83-22, ~ 6, 6-15-83; Ord. No. 88-24, ~ 1, 6-14-88)
; "
Sec. 3-7. Impoundment and disposition.
(a) Any animal received or. taken into custody by the animal
control authority shall be properly delivered to a designated im-
poundment facility, for handling and disposition in accordance
with; this chapter and any contractual agreement between the
county and the operator of such facility,
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INDlAN RIVER COUNTY CODE
(b) Upon impoundment or the taking into custody of an ani-
mal, the, animal, control authority shall make every reasonable
effort to notify the owner in person. by telephone, or by U.S. Mail
informing him or her of the impou~dment and the conditions
whereby custody of the animal may be regained. In the event an
impounded animal is licensed and tagged, reasonable notice shall '
be satisfied by contacting the registered owner at the address on'
file 'with the county, unless 'the person notifying the owner has
actual knowledge of more accurate information.
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(c) The animal control authority is hereby authorized to en-_
gage the services of a licensed veterinarian to observe or trent
such animal, and any other, impounded animal believed to have
rabies or other infectious or contagious disease at the expense of
the owner upon certification by the attending veterillarian
that ,the continued existence of such animal endange~public
health, safety and welfare. The animal control authority is hereby
granted discretionary authority to immediately and humanely
destroy or othetwise dispose of any sueh injured, sick or diseased ,I.
animal whose condition is such that its continued existence would
be inhl!mane.' Any animal suspected' or believed to be infected .
with rabies or arty infectious disease shall'be segregated or quar-
antined as' provided below in section 3-8, and all additional costs
associated with such special hEihdling arid treatment shall be an
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additional fee payable by the owner prior to redemption of the
animaL Lawful exercise 'of dlscretio'n hy the animal control' au- -
thority to destroy an animal; or the' failure of an owner to'redeem
an animal, shall not relieve the ow net of the liability for viola-
tions, fines, and accrued charges' or fees,' regardless of the ulti- '
mate disposition of said animal. If., i, " ,
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(d) 'Custody of an animal i~pounded hereunder may be re-
gained by the owner at any, time prior to other disposition of the
animal by the animal control authority upon payment of accrued
impoundment fees, actual. yeterinarian charges, and any other
applicable fees, fines and' 'penalties which may have been as-
sessed. Impoundment fees shall be assessed at the per diem rate
established by resolution of the board of county commissioners.
In addition to impoundment: fees, a redemption penalty shall be
assessed at an 'amount established by resolution of the board,
which amount may vary depending Upon number of offenses
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ANIMAL CONTROL
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involving a given owner. The owner shall provide proof of owner-
ship by way of license receipt, bill of sale, photograph, affidavit of
neighbors, or other reliable documentary evidence, together with
proof of current licensing in accordance with this chapter, prior
to the redemption of any dog. or cat. If an impounded animal
requires vaccination in order to be licensed and redeemed, the
owner shall prepay a vaccination fee, along with payment of the
impoundment fees, licensing fees and other fines and penalties. A
receipt for such prepayment shall be issued to the owner who
_ shall then have five (5) business days in which to take the animal
to a licensed veterinarian for vaccination. The owner shall return
proof of vaccination in the manner required by section 3-4 within
the five-day period following redemption or shall be deemed to
have further violated this chapter. The administering veterinar-
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ian shall be reimbursed upon presentation of the receipts to the
~ounty for the cost of the vaccination, however, not to exceed the
amount of the prepayment made.
(e) Except for any animal undergoing quarantine pursuant to
section 3-8, an animal which has not been redeemed within five
(5) consecutive days after impoundment, including the day of
impoundment- and provided the fifth day falls on a day the facil-
ity -is open for business, shall escheat to 'the animal control au-
thority. The animal control authority is hereby authorized to
dispose of the animal by adoption or destruction through eutha-
nasia as it deems most humane, in its sole discretion. Adoption
I fees shall be collected at the rate established by the designated
impoundment facility, but in any event, no dog or cat shall be
released for adoption without first being sterilized, or without a
written agreement from the adopting party guaranteeing that
said animal shall be sterilized within thirty (30) days following
adoption, unless the sexual maturity of the animal requires a
longer period. An agreement to sterilize shall be secured by de-
posit with the agency from which the animal is adopted of a sum
to be determined by the agency to be refunded without interest
upon presentation of proof that said animal has been sterilized.
U ntH such animal is actually sterilized, licensing fees shall be
levied as if the animal were unsterilized. Failure to comply with
the. agreement shall result, in forfeiture of the deposit to the
agency for animal control or related purposes. Upon proof of
sterilization, the tax collector is authorized, if requested by the
owner, to refund any portion of the current year's paid licensing
fee attributable to the previous unsterilized status of the animal,
as if said animal had been neutered or spayed for the entire year.
All provisions herein pertaining to the sterilization of adoptive
animals shall be interpreted consistently with the legislative
policy and requirements set forth in Florida Statutes, Section
823.15, as may be amended, governing sterilization of animals
released from animal control shelters or agencies. (Ord. No. 83-22, ~
7, 6-15-83)
Sec. 3-8. Rabies control; quarantine of certain animals.
,; (a) It shall be the lawful duty of any owner of an animal within
Indian River County which has bitten any person or other ani-
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INDIAN RIVER COUNTY CODE
mal, or which is believed to have rabies, to surrender such ani-
mal to the animal control authority upon its request. It shall be
the lawful duty of any person having knowledge of an animal
bite or exposure of a human or animal to a known ra~id animal
to report same to the county health departmen~._ ,.
(b) Upon impoundment of any animal involved in a biting
incident under the above-mentioned circumstances, such animal
shall undergo a ten-day quarantine period under direction of the
county health department. Such animals shall not be released or
removed from quarantine unless authorized by the county health
director. If the animal dies or exhibits further unusual symp-
toms, the county health department shall be notified immediate-
ly. No animal which dies during quarantine or as a result of
suspected rabies shall be removed from this county without the
authorization of the county health director.
(1) " ,For any dog or cat having a current rabies vaccination in
. accordance with this chapter the county health director
may approve quarantine at home or another acceptable
. location besides the designated impoundment facility.
(2) For those dogs and cats not having a current vaccination,
. quarantine shall be at the designated impoundment facil-
ity in accordance with recognized quarantine procedures
established and approved by the county health department.
Quarantine in the hospital of a licensed veterinarian at
, the expense of the' owner shall be allowed as an alterna-
tive. In the absence of either alternative, the county health
director may approve quarantine' in some other feasible
location.
. (3) - With respect to any wild animal involved in a biting inci-
dent or exposed to known rabid animals, such animal upon
capture may be immediately sacrificed and the brain sub-
': mitted to the state HRS laboratory for examination for
rabies. Captive wild animals in zoos, tourist attractions
and private homes shall be evaluated individually in ac-
cordance with their history of possible exposure for rabies.
(c) Nothing in this section shall be construed as requiring or
authorizing treatment of known or suspected rabies cases con-
Supp. No. 30
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trary to the provisions of Florida Administrative Code Chapter
10D.,3.91, as it may be amended from time to time. (Ord. No.
83-22, A 8, 6-15-83)
Sec. 3-9. Determination of vicious dog.
(a) In the event that any officer has probable cause to believe a
dog is vicious, he shall conduct an investigation. If the officer is
satisfied after such investigation that the dog is vicious as defined
in this chapter, he shall declare the dog as a vicious dog and
properly notify the owner of the dog in writing of such declara-
tion. If a determination has been made that a dog is vicious, the
owner shall comply with the provision of this section within thirty
(30) days of such determination. If the owner of the dog contests
the determination made by the officer, he or she may, within five
(5) days of such determination, appeal the declaration of vicious-
ness to the director of department of emergency services by way
of written notice. The director shall decide the issue based upon
the preponderance of the evidence. If the director determines that
the dog is vicious, the director may establish a time schedule to
ensure compliance with this chapter in no case more than fifteen
(15) days subsequent to the director's determination. All the de-
terminations of the director should be in writing, signed and dated
by the director, and should contain the finding of facts supporting
the determination. The determination of the director may be ap-
pealed to the code enforcement board of the county, by any owner
receiving an adverse determination from the director within the
time period prescribed by general law. However, the director shall
have the right to declare a dog to be vicious for any subsequent
actions of the dog.
(b) Not withstanding the definition of Hvicious dog," as pro-
vided in this chapter, no dog may be declared vicious if an injury
or damage is sustained by a person who, at the time that such
injury or damage was sustained, was committing a willful tres-
pass or other tort upon premises occupied by the owner or keeper
of the dog, or was teasing, tormenting, abusing or assaulting the
dog or was committing or attempting to commit a crime. No dog
may be declared vicious if an injury or damage was sustained by
a domestic animal which at the time such injury or damage was
sustained was teasing, tormenting, abusing or assaulting the dog.
Supp. No. 55
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INDIAN RIVER COUNTY CODE
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N <> dog may be declared vicious if the dog was protecting or de- -__-
fending a human being within the immediate vicinity of the dog
from an unjustified attack or assault.
(c) No vicious dog shall be licens~d within the county unless
the owner and keeper of such vicious dog shall meet the following
requirements:
(1) The owner or keeper shall present to the county animal
control division proof that the owner has procured liability
insurance in the amount of at least one hundred thousand
dollars ($100,000.00), covering any damage or injury which
may be caused by such vicious dog during the twelve-
month period for which licensing is sought.
(2) The owner or keeper shall, at his own expense, have the
registration number assigned to such vicious dog by the
animal control division tattooed on such vicious dog by a
veterinarian or other person trained as a tattooist. The
tattoo shall be placed on the inside right thigh of the vi-
cious dog.
(3) The owner or keeper shall also, at his own expense, pur-
chase a collar or harness from the animal control division
which shall be worn by the dog at all times. The purpose of
the collar or harness shall be to provide immediate identi-
fication to the animal control division and the public at
large that the dog has been declared vicious.
(4) The owner or keeper shall display a sign on his or her
premises warning that there is a vicious dog on the pre-
mises. The sign shall be visible and capable of being read
from the public highway or street.
(5) The owner or keeper of a vicious dog must at all times
ensure that the dog is securely confined indoors, or con-
fined in an enclosure as defined herein. At any time that a
vicious dog is not so confined, the dog shall be muzzled with
a wire basket-type muzzle in such a manner as to prevent
it from biting or injuring any person or animal, and kept on
a leash with the owner or custodian in attendance except
for the following exceptions:
Supp. No. 55
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a. An exception of this section is hereby provided for any
vicious dog while being transported within the cab or
passenger portion of any motor vehicle, provided the
vehicle has a roof, a~d the dog is incapable of escape
through an open window, however, the dog shall be
muzzled with a wire basket-type muzzle in such a
manner as to prevent it from biting or injuring any
person or animal.
(6) The owner or keeper shall sign a statement attesting that:
a. The owner or keeper shall maintain and not volun-
tarily cancel the liability insurance required by this
section during the twelve-month period for which li-
censing is sought, unless the owner or keeper shall
cease to own or keep the vicious dog prior to the expi-
ration of such license.
b. The owner or keeper shall, on or prior to the effective
date of such license for which application is being made,
have an enclosure for the vicious dog on the property
where the vicious dog will be kept or maintained.
c. The owner or keeper shall notify the county animal
control division of any cancellation, modification, ex-
piration or termination of the liability insurance policy
required by this section.
d. The owner or keeper shall notify the county animal
control division immediately if a vicious dog is on the
loose, is unconfined, has attacked another animal or
has attacked a human being, or has died or has been
sold or given away. If the vicious dog has been sold or
given away, the owner or keeper shall also provide to
the division the name, address and telephone number
of the new owner of the vicious dog.
(7) The division, or any officer, is hereby empowered to make
whatever inquiry is deemed necessary to ensure compli-
ance with the provisions of this section, and the division or
any officer is hereby empowered to seize and impound any
vicious dog whose owner or keeper fails to comply with the
provisions hereof. In the event that the owner or keeper of
the dog refuses to surrender the animal to the division or
officer, a search warrant may be obtained from the circuit
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119
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INDIAN RIVER COUNTY CODE
court and the dog may be seized upon execution of the
warrant.
(d) The provisions of this section shall not apply to canine dogs
owned by a law enforcement department while such dogs are
engaged in the scope of law enforcement duties.
(e) Any vicious dog which does not have a valid license in ac-
cordance with the provisions of this section or whose owner or
keeper does not secure the liability insurance coverage required
in accordance with this section, or which is not maintained on
property with an enclosure, or which shall be outside of the
dwelling of the owner or keeper, or outside of an enclosure except
as provided in subsection (dX4), or which is not tattooed, shall be
confiscated by an officer and disposed of in a humane manner
after written notice is provided to the owner that such dog has
been confiscated.
(0 If any vicious dog shall, when unprovoked, kill or wound or
assist in killing or wounding any domestic animal or attack, as-
sault, wound, bite or otherwise injure or kill a human being, the
officer is empowered to issue a citation or to impound the dog and
after written notice to the owner and expiration of the one hun-
dred twenty-hour waiting period to dispose of such vicious dog in
a humane manner.
(g) No person shall be charged under this section unless the
dog, prior to the offense alleged, shall have been declared vicious
pursuant to the provisions of this section.
(h) If the owner or keeper of a dog which has been impounded
under this section shall believe that there has not been a viola-
tion of such sections hereof, the owner or keeper may file a peti-
tion for injunctive relief in the circuit court of the Nineteenth
Judicial Circuit in and for the county, that the impounded dog not
be destroyed. The petition must be filed within the five (5) days of
owner's receipt of notice of impoundment of the dog, and notice of
the petition must be timely served upon the animal control divi-
sion. The officer or the division shall have the right to declare a
dog to be vicious for any action of the dog subsequent to the date
of the violation in question. If the circuit court shall find that
there has been no violation of this chapter, such dog shall be
released to the custody of the owner or keeper.
Supp. No. 55
120
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(i) In the event that the owner or keeper of a vicious dog is a
minor, the parent or guardian of such minor shall be responsible
for complying with the provisions of this section and shall be
liable for all injuries and property damage sustained by any person
or domestic animal caused by unprovoked attack by the vicious
dog. (Ord. No. 83-22, ~ 9, 6-15-83; Ord. No. 90-5, ~ 3, 2-20-90)
Sec. 3-10. Unlawful for livestock to run at large; harboring
wild animals.
It shall be unlawful for any livestock to run at large within the
county. It shall be unlawful to keep any wild animal in violation
of the provisions of Chapter 372, Florida Statutes, and regula-
tions promulgated by the Florida Game and Fresh Water Fish
Commission. (Sp. Acts 1953, Ch. 29157, ~ 2; Ord. No. 90-5, ~ 4,
2-20-90)
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Sec. 3-11. Duty of livestock owner.
All persons, firms or corporations owning livestock are hereby
required to keep and prevent the same from running or roaming
at large within Indian River County, Florida, by keeping and
maintaining them within good and sufficient fences and enclo-
sures. (Sp. Acts 1953, Ch. 29157, ~ 3)
Sec. 3-12. Code enforcement board participation.
(a) The code enforcement board of Indian River County is hereby
recognized. and designated as an administrative hearing board
for the purposes of assisting- with the enforcement of this chapter.
The animal control authority may present an alleged violation to
the code enforcement board for a hearing upon due public notice
to the parties concerned, for findings of fact, conclusions of law
and assessment of penalties and fines provided by this chapter.
Such hearings shall be conducted in accordance with normal code
enforcement board procedures and all fines shall be levied and
enforced in accordance with the ordinance creating said board.
(b) The board may hear and determine either of the following
matters:
(1) An alleged violation of any of the provisions of this chapter.
Supp. No. 55
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INDIAN RIVER COUNTY CODE
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(2) Dangerous or vicious animal determination appeals upon -----'
request of the owner in accordance with section 3-9(d).
(Ord. No. 83-22, t 10, 6-15-83)
en.. reference-Code enforcement board. It 1-51-1-63.
Sec. 3-13. Enforcement optioDs.
The animal control authority shall, whenever an owner, per-
son, or animal is deemed to be in violation of this chapter in any
manner, take one or more of the following steps, as deemed most
appropriate to achieve the desired result:
(1) Impoundment of such animal with notification, redemp-
tion and disposition, to be pursued in accordance with this
chapter.
(2) Initiate an action for determination of a violation by the
code enforcement board as provided above.
(3) Issuance of a citation notifying persons to appear in the
county court when the officer has probable cause to believe
that such person has committed a violation of the Indian
River County animal control ordinance.
A citation issued by an officer for violation of the Indian
River County animal control ordinance shall contain the
following information:
a. The date and time of issuance.
b. The name and address of the person accused of the
violation.
c. The date and time the civil infraction was committed.
d. The facts constituting probable cause.
e. The ordinance violated.
f. The name and authority of the officer.
g. The procedure for the person to follow in order to pay
the civil penalty or to contest the citation.
h. The applicable civil penalty if the person elects to
contest the citation.
1. The applicable civil penalty if the person elects not to
contest the citation.
J. A conspicuous statement that if the person fails to pay
the civil penalty within the time allowed, or if fails to
Supp. No. 55
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appear in court to contest the citation, then he shall be
deemed to have waived his right to contest the citation
and that in such case, judgment may be entered against
the person for an .amount up to the maximum civil
penalty.
k. A notice giving the date and time the perso'n must
appear in court if the person fails to pay the civil
penalty.
(4) Impoundment shall be mandatory regardless of the means
chosen by the animal control authority to prosecute a p~-
ticular violation in any case in which nonimpoundme.nt
can be reasonably expected to result in immediate ~d
substantial destruction of life or property or otherwise ad-
versely endanger the health, safety and welfare of the
public. (Ord. No. 83-22, A 11, 6-15-83; Ord. No. 88-24, A 2,
6-14-88)
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Sec. 3-14. Interference with animal control authority
unlawful.
It shall be unlawful and a violation of this chapter, subject to
all penalties herein, for any person or persons to interfere with,
hinder, resist, obstruct or molest any representative of the ani-
mal control authority in the performance of official duties. It
shall be unlawful for any person or persons without the authority
of a court of competent jurisdiction, or without having f1l'8t com-
plied with the redemption requirements of this chapter, to seek
to release or remove any animal from the custody of the animal
control authority, or a designated impoundment facility or to
otherwise tear down, burn, deface, destroy or otherwise injure
any property, vehicle or equipment of any designated impound-
ment facility, the county, or the animal control authority. (Ord.
No. 83-22, ~ 12,6-15-83)
Sec. 3-15. Right of entry upon private property for en-
forcement.
For the purposes of discharging the duties imposed by this
chapter including investigation of possible violations and enforce-
ment of any provision, the animal control authority and any
representative thereof officially charged with carrying out such
Supp. No. 55 123
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INDIAN RIVER COUNTY CODE
duties are hereby empowered to enter upon private property, not
including a dwelling house, enclosed structure, or fenced enclo-
. sure, for the purpose of demanding that an animal, or if applica-
J>le~the license tag of such animal be exhibited to said animal
- control authority:' Further, such person' shall be empowered to
enter private property, including a fenced enclosure but not a
,dwellinJ house or enclosed structure, to capture and impound
any animal known or suspected of biting or scratching any per-
son, or any animal infected or showing suspicious symptoms of
rabies, animals in need of immediate medical attention including
cruelly treated animals, vicious animals not properly controlled
by the owner, and animals at large if such animal is on the
property of a person other than the owner. Refusal by any prop-
erty, owner to allow such person to enter upon one's property as
autho~d by this section shall be unlawful and a violation of
this chapter. Any such person making use of this right of entry
. .
shall be immune from prosecution, civil or criminal, for reason-
able good faith trespass upon real property as authorized herein.
(Ord. No. 83-22, f 13, 6-15-83)
Sec. 3-18. Penalty provisions.
(a) Any violation of this chapter, constitutes a civil infraction
and may be punishable by a civil penalty not to exceed five hun-
dred dollars ($500.00). Penalties for violation of specific sections
of this chapter shall be established by resolution of the board of
county commissioners. If the person who has committed the vio-
lation does not contest the citation, a civil penalty of less than the
maximum allowed will be assessed, and may be punishable by a
civil penalty no't to exceed five hundred dollars ($500.00). Each
day or'fraction thereof during which the violation continues shall
be considered as a separate offense. Pursuant to Chapter 828.27,
Florida Statutes, the board of county commissioners shall impose
and collect a surcharge of two dollars ($2.00) upon each civil pen-
. alty imposed for violation of an ordinance relating to animal con-
trol or cruelty. The proceeds from such surcharges shall be used to
pay costs of the minimum standards training course for animal
control officers. The board of county commissioners may enforce
the provisions of this chapter by seeking injunctive relief or any
other remedy available by law.
(b) Any person who willfully refuses to sign and accept a cita-
tion issued by an officer is declared to be guilty of a criminal
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offense and misdemeanor within the meaning of section 775.08,
Florida Statutes, and punishable as provided by law.
(c) It shall be a violation of this chapter for any person to know-
ingly hinder, resist, or oppose any officer or employee of the an-
imal control division in the performance of their duties under this
chapter or to knowingly interfere with any animal trap set by
such officers or employees or to molest or release any animal
caught therein. (Ord. No. 83-22, ~ 14,6-15-83; Ord. No.. 88-24, ~ 3,
6-14-88; Ord. No. 90-5, ~ 5, 2-20-90)
Cross reference-Schedule of civil penalties adopted, ~ 3-20.
Sec. 3-17. Applicability.
This chapter shall be applicable to all of Indian River County
lying within or outside of any municipality, unless such munici-
pality adopts an ordinance inconsistent herewith, in which case
the municipal ordinance shall prevail. (Ord. No. 83-22, ~ 15,
6-15-83)
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Sec. 3-18. Desilllation and duties of animal control author-
ity components.
The Indian River County Animal Control Authority shall be
comprised of the following designees:
(1) Animal control director: The primary provider of patrol,
capture and delivery services under the chapter; initiation
and prosecution of chapter violations; coordination of the
communication among and functions provided by the other
components of the animal control authority.
(2) The Humane Society of Vero Beach, Ine.: To serve primar..
ily as the provider of the designated impoundment and
housing facility and to administer all adoption services for
animals impounded pursuant to the chapter.
(3) The office of the sheriff of Indian River County: To provide
patrol, capture and delivery capability in addition to and in
support of that provided by the animal control director or
his designees; to issue notices to appear invoking county
court jurisdiction in appropriate cases and to assist with
service of code enforcement board notices at the request of
the animal control director, if necessary.
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INDIAN RIVER COUNTY CODE
(4) The environmental health section of the county health de-
partment: All activities relating to rabies detection and
control, biting incidents, quaranti-ne of animals. <Res. No.
83-43, 11,6-15-83)
Sec. 3-19. Fee8 and penaltie8 enumerated.
(a) The following fees and penalties are hereby established and
are deemed necessary for the proper administration of the chap.
ter and to promote protection of the public's health, safety and
welfare:
(1) Licensing fees:
a. Female or male, dog or cat, initial or renewal
license, not sterilized, per year. . . . . . . . . . . . $10.00
b. . Female or male, dog or cat, initial or renewal,
sterilized, per year . . . . . . . . . . . . . . . . . . . . . . 5.00
c. Half price to be assessed for issuance of any
initial license after June 30 of a licensing year.
d. All renewals shall be at full price per category.
e. Additional late charge for licensing after date
required by law . . . . . . . . . . . . . . . . . . . . . . . . .
f. Fee for issuance of duplicate license tag . . . . . .
g. All of the above fees are to be paid to the tax
. collector of Indian River County, Florida.
5.00
3.00
(2) Impoundment fees:
a. Per diem or part thereof for all animals . . . . . . 5.00
b. Payable prior to release of animal from the
designated impoundment facility.
.
(3) Redemption penalties in addition to impoundment
fees:
a. For the first offense (of an owner) . . . . . . . . . . . 30.00
b. For a second offense . . . . . . . . . . . . . . . . . . . . . . 60.00
c. For any third or subsequent offense . . . . . . , " 100.00
(b) Impoundment fees and redemption penalties shall be paid
during business hours at the office of the clerk of the circuit
court, Indian River County Courthouse, 2145 14th Avenue, Vero
Beach, Florida. Impoundment and redemption penalties shall be
Supp. No. 55
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paid during nonbusiness hours at a location to be designated by
the animal control director.
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(c) An owner shall pay all actual expenses or fees incurred for
which the county has obligated itself for additional care for quar-
antine or veterinary services as an impoundment fee, at time of
redemption of the animal.
(d) Rabies vaccination prepayment fee for redemption shall h,e
eight dollars ($8.00) per animal. (Res. No. 83-43, ~ 2,6-15-83; Ord.
No. 88-24, t 4, 6-14-88)
Editor's note-Sections 1-4 oCOrd. No. 88-24, adopted June 14, 1988, amended
If 3-6, 3-13, 3-16 and 3-19 of this chapter. Sections 5-8 of the ordinance, desig-
nated as if 3-20-3-23, which pertained to conflicting provision, severability,
incorporation in Code, and effective date, respectively, were omitted at the discre-
tion ofthe editor.
Sec. 3-20. Schedule of civil penalties adopted.
The county does hereby adopted the following schedule of civil-
penalties to be imposed for violations of specific sections of the-
animal control ordinance [this chapter]:
Code
"'-- Section Description of Violation 1st 2nd 3rd
Sec. 3-3 Failure to vaccinate, li.
cense, collar or harness $ 25,00 $100.00 $200.00
Sec. 3-5(1) Failure to keep animal
under restraint 25.00 50.00 75.00
Sec. 3-5(2) Animal creating nui-
sance 10.00 25.00 75.00
Sec. 3-5(3) Failure to confine fe-
male dog or cat in heat 25.00 50.00 100.00
Sec. 3-5(4) Failure to confine or re-
strain vicious animal 100.00 200.00 300.00
Sec. 3-5(5) Failure to provide ade-
quate care to animal 25.00 50.00 100.00
Sec. 3-5(6) Exposing poisonous
substance in common
area or property of an-
other 100.00 200.00 300.00
Sec. 3-5(7) Failure to notify owner
or authority of iqjury to
animal 25.00 50.00 75.00
Sec. 3-5(8) Teasing or molesting
an animal 25.00 50.00 75.00
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Code'
Section
Description of Violation
1st
2nd
3rd
Sec. 3-5(9) Failure to properly con-
fine or restrain animal
in pick-up truck $ 25.0Q $100.00 $200.00
Sec. 3-6(c) Violation of provision
of Chapter 825, F.S. 50.00 100.00 200.00
Sec. 3-9(c) Failure to comply with
vicious dog licensing
and maintenance re-
quirements 100.00 200.00 300.00
Sec. 3-10 Livestock running at
large 20.00 50.00 75.00
Sec. 3-10- Keeping wild animal
in violation ofF.S. 372 50.00 100.00 200.00
Sec. 3-14 Interference with an-
imal control authority 50.00 100.00 200.00
(Res. No. 90-23, ~ 1, 2-20-90)
Editor's note-Resolution No. 90-23, adopted Feb. 20, 1990, did not specifically
amend this Code; hence, inclusion of t 1, as A 3-20 was at the discretion of the
editor.
Cross reference-Penalties generally, t 3-16.
[The next page is 163)
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