§ 14-54. Taking custody of mistreated animals.

(a)

The purpose of this section is to provide a means by which a neglected or mistreated animal, pursuant to a violation of any section of this article, may be removed from its owner or made the subject of an order to provide care, issued to its owner by the animal control authority.

(b)

Pursuant to F.S. § 828.073, an animal control officer is authorized to:

(1)

Lawfully take custody of any animal found neglected or cruelly treated by removing the animal from its present location, or

(2)

Order the owner of the animal found neglected, cruelly treated, or otherwise treated in violation of this article, to provide certain care to the animal at the owner's expense without removing the animal from its current location.

(c)

After the seizure of the animal or the issuance of the order to provide care, the animal control authority shall petition the county court for a hearing within ten days after the animal is seized or order to provide care is issued. The court shall schedule and commence a hearing on the petition within 30 days after the petition is filed to determine whether the owner, if known, is able to adequately provide for the animal and is fit to have custody of the animal. The hearing shall be concluded and the court order entered as expeditiously as possible, and in any case, not more than 60 days after the date the hearing commenced. The timeframes set forth in this subsection are not jurisdictional. If a failure to meet such timeframes is attributable to the animal control authority, the owner is not required to pay the animal control authority for care of the animal during any period of delay caused by the animal control authority. No fee shall be charged for the filing of the petition.

(d)

The animal control authority shall have written notice served, at least three days before the hearing scheduled under subsection (c), upon the owner of the animal, if he or she is known and is residing in the county where the animal was taken, in accordance with F.S. ch. 48, relating to service of process. There shall be no fee charged by the sheriff for service of such notice. If the owner of the animal is unknown, or is known but is residing outside of the county, notice of the hearing shall be by publication in conformance with the provisions of F.S. Ch. 49.

(e)

The animal control authority shall shelter and care for the animal seized under this section until either:

(1)

the owner is adjudged by the court to be able to adequately provide for, and have custody of the animal, in which case the animal shall be returned to the owner upon payment by the owner for the care and provision for the animal while in the animal control authority's custody; or

(2)

the animal is turned over to the animal control authority pursuant to the court's determination that the owner is unable or unfit to adequately provide for the animal.

(f)

If the court determines the owner is able to provide adequately for, and have custody of, the animal, the court order shall provide that the animal in the possession of the animal control authority be claimed and removed by the owner within seven days after the date of the order.

(g)

Upon the court's judgment that the owner is unable or unfit to adequately provide for the animal, the court may:

(1)

Order that the current owner have no further custody of the animal and that the animal be sold by the sheriff at public auction or remanded to the custody of the animal control authority or any other agency the judge deems appropriate to be disposed of as the animal control authority or other agency sees fit; or

(2)

Order that the animal be destroyed or remanded directly to the custody of the animal control authority or any other agency the judge deems appropriate to be disposed of as the animal control authority or other agency sees fit.

In any case in which an animal is offered for auction under this Section, the proceeds shall be applied in the following order: to the cost of the sale; to the care of and provision for the animal by the animal control authority or other agency with custody of the animal; to the payment of the owner for the sale of the animal; and, lastly, paid to the court if the owner is not known.

(h)

The court, upon proof of costs incurred by the animal control authority, may require that the owner pay for the care of the animal while in the custody of the animal control authority. A separate hearing may be held.

(i)

The court may order that other animals that are in the custody of the owner and that were not seized by the animal control authority be turned over to the animal control authority if the court determines that the owner is unable or unfit to adequately provide for the animals. The court may enjoin the owner's further possession of custody of other animals.

(j)

When reaching a determination on an owner's fitness, the court may look to the following factors:

(1)

Testimony from the animal control officer who seized the animal and other witnesses as to the condition of the animal when seized and as to the conditions under which the animal was kept.

(2)

Testimony and evidence as to the veterinary care provided to the animal.

(3)

Testimony and evidence as to the type and amount of care provided to the animal.

(4)

Expert testimony as to the community standards for proper and reasonable care of the same type of animal.

(5)

Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody.

(6)

The owner's past record of judgments pursuant to this article.

(7)

Convictions pursuant to applicable statutes prohibiting cruelty to animals.

(8)

Other evidence the court considers to be material or relevant.

(k)

If the evidence indicates a lack of proper and reasonable care of the animal, the burden is on the owner to demonstrate by clear and convincing evidence that he or she is able and fit to have custody of and provide adequately for the animal.

(l)

Nothing herein is intended to require court action for capturing, impounding, and making proper disposition of stray or abandoned animals as lawfully performed by animal control officers.

(m)

The provisions of this section are in addition to any civil penalties that may be imposed under state law.

(Ord. No. 2018-02, § 1, 1-23-18)

Editor's note

Ord. No. 2018-02, § 1, adopted January 23, 2018, repealed the former section 14-54, and enacted a new section 14-54 as set out herein. The former section 14-54 pertained to rabies vaccination certificates and animal license tags and derived Ord. No. 93-05, § 1(4-11), adopted April 13, 1993; Ord. No. 93-11, § 1(4-11), adopted June 8, 1993; Ord. No. 94-24, § 1, adopted November 15, 1994; Ord. No. 96-50E, § 1, adopted October 28, 1996; Ord. No. 2000-06, § 2, adopted January 25, 2000; and Ord. No. 2014-27, § 1, adopted September 16, 2014.