§ 14-36. Definitions.
For the purposes of this article, the following words, terms and phrases, shall have the meaning set forth in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, words in the singular number include the plural, and words in the male gender include the female gender. The word "shall" is always mandatory and not merely supervisory.
Abandon or abandonment means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner.
Aggressive dog means any dog that, according to the records of the animal control authority, has severely injured or killed a domestic animal while unprovoked and off the owner's property which does not otherwise meet the definition of a dangerous dog.
Allow or permit , in addition to their common meanings, shall also include any failure to take reasonable, proactive measures to restrict the animal from engaging in any activity prohibited by this chapter.
Animal shall have the meaning set forth in F.S. § 828.27, as may be amended from time to time.
Animal control authority means the entity tasked with animal control and animal services for the county. The animal control authority shall be designated by the board and authorized to enforce this article and the animal control laws of the state.
Animal control officer or animal enforcement officer shall have the meaning ascribed to "animal control officer" in F.S. § 828.27, as may be amended from time to time. The terms animal control officer and animal enforcement officer may be used interchangeably herein.
Animal shelter means any public or private organization existing for the purpose of the prevention of cruelty to animals and/or for the sheltering of animals and that is incorporated or chartered under the laws of the state, or established by legislation. This definition also includes a person who rescues, shelters or provides a foster home facility, any of which places animals for adoption, whether for a fee, a donation, or free of charge.
Applicable civil penalty means the civil penalty established by the board for violating a certain provision of this article.
At large means not on the owner's property, and not under the direct control, custody, charge, or possession of the owner or other responsible person.
Baiting means 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. In addition, "baiting" means the use of live animals in the training of racing greyhounds.
Board means the board of county commissioners of Brevard County, Florida.
Caregiver means any person who provides care, shelter, protection, refuge, or nourishment to any animal or undertakes the responsibility to do so, whether of their own volition or by request of the owner of that animal.
Citation means a written notice, issued to a person by an officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of this article and that the county court will hear the charge. Pursuant to F.S. § 828.27, the citation shall contain:
(1)
The date and time of issuance.
(2)
The name and address of the person to whom the citation is issued.
(3)
The date and time the civil infraction was committed.
(4)
The facts constituting probable cause.
(5)
The Code section violated.
(6)
The name and authority of the officer.
(7)
The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court if a mandatory court appearance is required for the violation.
(8)
The applicable civil penalty if the person elects to contest the citation.
(9)
The applicable civil penalty if the person elects not to contest the citation.
(10)
A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her 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.
(11)
A conspicuous statement that if the person is required to appear in court, he or she does not have the option of paying a fine in lieu of appearing in court.
Community cat means any free-roaming cat that may be cared for by one or more residents of the immediate area who is/are known or unknown; a community cat may or may not be feral. Community cats shall be distinguished from other cats by being sterilized and ear tipped; qualified community cats are exempt from the licensing, stray, and at large provisions of this article and may be exempt from other provisions directed toward owned animals.
Community standards means the minimum accepted standards of care for animals based upon the overall county community of pet owners and established guidelines of professional animal associations and/or groups.
County means Brevard County, Florida.
Cruelty or cruel treatment means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal.
Dangerous dog means any dog that, according to the records of the animal control authority:
(1)
Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;
(2)
Has more than once severely injured or killed a domestic animal while off the owner's property; or
(3)
Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the animal control authority.
Domestic animal means any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other domesticated beast or bird.
Enclosure or outdoor enclosure means any structure with at least three walls, a roof, and floor in adequate condition as not to endanger the safety of the animal and as to provide necessary protection of the animal from weather conditions. An enclosure must be properly located so that it does not allow for standing water to pool inside the enclosure following any weather event or other water intrusion. For pets not declared dangerous a residence may be considered a proper enclosure; different rules as specified as in this chapter apply to a "proper enclosure of a dangerous dog" as defined in this article.
Farm animal means any animal that customarily is raised or bred on farms including grazing animals, such as cattle, horses, goats, or sheep, swine, other hoofed animals, bees, fowl or other animals commonly referred to as livestock.
Feral animal means an animal that exists in a wild or untamed state, either due to birth or reversion to a wild state from domestication and has no known owner.
Harborer means any person or entity which provides care, shelter, protection, restraint, refuge, food or nourishment in such a manner as to control an animal's activities.
Inhumane treatment means acts which are physically cruel to an animal, or which expose an animal to unusual, unnecessary, and otherwise avoidable physical harm.
Licensed veterinarian or veterinarian means any person who is licensed to engage in the practice of veterinary medicine in this state under the authority of F.S. ch. 474.
Notice means written notice by registered mail, certified hand delivery, or service in conformance with the provisions of F.S. ch. 48, relating to service of process.
Nuisance means:
(1)
Any domestic animal that disturbs the peace and quiet of any person by habitually or continually barking, howling, crying, screaming, or making other bothersome noises; or
(2)
Any domestic animal that disturbs the peace of any person by habitually or repeatedly destroying, desecrating, or soiling public or private property, chasing persons, livestock, cars or other vehicles, running at large, or other behavior that interferes with the reasonable use and enjoyment of the property.
Officer means any law enforcement officer defined in F.S. § 943.10, or any animal control officer or animal enforcement officer, as defined in this section.
Owner means any person, firm, corporation, partnership, association, trust, estate or any other legal entity, business unit or organization possessing, harboring, keeping or having control or custody of an animal temporarily or permanently, or, if the animal is owned by a person under the age of 18 years, that person's parent or legal guardian. This definition shall include any harborer or caregiver.
Physical control means adequate domination or power to influence/restrict the actions of the animal to prevent the animal from engaging in biting, aggression towards people or animals, straying, being at large or other behaviors regulated by this article or state law by the use of a proper leash or similar device attached to an appropriate collar or harness. To maintain physical control the animal must be on a leash not to exceed six feet at its maximum extension. Animals on longer leashes or similar devices may be considered not under physical control and, therefore, could be subject to being treated as at large in accordance with this article. Nothing in this definition is intended to prevent dogs from being on training leashes or while engaged in other lawful activities.
Police dog means any dog that is owned, or the service of which is employed, by a law enforcement agency.
Probable cause means reasonable grounds, based on personal knowledge of facts and circumstances or trustworthy information, sufficient to warrant a belief that a violation of this article has been or is being committed.
Proper enclosure for a dangerous dog means, while on the owner's property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides, top, and floor to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements.
Rabies vaccination means inoculation with a United States Government-approved vaccine recognized to prevent and reduce the possibility of rabies in the animal vaccinated administered by a licensed veterinarian in good standing.
Registration tag means a county animal tag issued pursuant to this chapter.
Secure enclosure means, while on the owner's property, the animal is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides, top, and floor to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements.
Service animal means an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work done or tasks performed must be directly related to the individual's disability and may include, but are not limited to, guiding a person who is visually impaired or blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, alerting and protecting a person who is having a seizure, retrieving objects, alerting an individual to the presence of allergens, providing physical support and assistance with balance and stability to an individual with a mobility disability, helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications, calming an individual with posttraumatic stress disorder during an anxiety attack, or doing other specific work or performing other special tasks. A service animal is not a pet. The crime-deterrent effect of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purposes of this definition.
Severe injury means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
Special magistrate means the individual authorized by the board to hold hearings, assess fines, and issue rulings against violators of the county codes and ordinances.
Sufficient food or sustenance means access to proper food for the species of animal on a regular, ongoing basis in quantities sufficient to maintain a regular body weight as designated by objective measurement tools such as "Body Condition Score (BCS)" systems. As an example, regular body weight would be the "ideal" level (four or five) on the internationally recognized veterinary and animal welfare Purina Body Score System Chart. Animals under active, current veterinary care may deviate from the scale based upon the expertise of a licensed veterinarian.
Sufficient water means access to clean, potable water on a regular, ongoing basis in quantities to prevent the animal from exhibiting signs of dehydration.
Underground pet containment system means a device, which uses a buried wire along the perimeter of a premises that transmits a signal to a receiver attached to the collar of an animal, which gives the animal an electronic shock or other warning when the animal approaches the buried perimeter wire to prevent said animal from leaving the premises. This definition includes buried electrical fencing and invisible fencing.
Unprovoked means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
Zoonoses or zoonotic disease means those diseases transmittable to humans from animals, including parasitic, bacterial, fungal and viral diseases.
(Ord. No. 93-05, § 1(4-3), 4-13-93; Ord. No. 93-11, § 1(4-3), 6-8-93; Ord. No. 94-24, § 1, 11-15-94; Ord. No. 97-10, § 1, 3-25-97; Ord. No. 98-01, § 1, 1-20-98; Ord. No. 99-39, § 1, 5-25-99; Ord. No. 2000-06, § 1, 1-25-00; Ord. No. 05-30, § 1, 7-26-05; Ord. No. 2014-27, § 1, 9-16-14; Ord. No. 2018-02, § 1, 1-23-18)
Cross reference
Definitions generally, § 1-2.