The City of Winter Park adheres to the Orange County municipal code - it pays to know the law!
Chapter 5: Animals
Section II: Animal Services
Sec. 5-29. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon shall mean 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 or keeper. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal, in accordance with F.S. ﾧ 705.19. An animal will not be considered abandoned if the owner or keeper arranges for a person to feed, water, and monitor the animal's condition on a scheduled or regular basis. Intervals between monitoring, watering, and feeding shall not exceed twenty-four (24) hours. An animal shall be considered a stray after thirty (30) calendar days.
Animal shall mean any living dumb creature.
Animal services classification committee shall mean a committee appointed by the board of county commissioners to hear appeals regarding the classification of dogs as dangerous or potentially dangerous.
Animal services officer shall mean any person employed, contracted with or appointed by the county who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue warnings and citations as provided in this article. An animal services officer is not authorized to bear arms or make arrests. The term "animal services officer" also means "code enforcement officer" but only for the purpose of providing confidentiality and exemption from public disclosure of the home addresses and telephone numbers of animal services officers.
At-large shall mean:
(1) With regard to a dog:
(a) A dog off the owner's premises and not under a competent person's control by means of a leash, cord or chain; or
(b) A dog on the owner's property and not under control of a competent person or not confined or restrained by means of a leash, cord or other humane restraining device;
(c) Provided, however, a dog under supervision and engaged in hunting or agricultural or ranching tasks or a competition, trial or show, or designated dog park shall not be considered at large.
(2) A cat, off the owner's premises, which does not display a current rabies vaccination or identification tag.
Certificate shall mean a certificate issued by the county or a licensed veterinarian showing that the animal has been currently vaccinated for rabies.
Certificate of registration shall mean a county dangerous or potentially dangerous dog registration issued pursuant to this article.
Citation shall mean a written notice, in form required by F.S. ﾧ 828.27, and issued by an officer to a person, either in person, by certified mail, or by conspicuous posting upon a dwelling, when 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. The citation shall contain:
(1) The date and time of issuance.
(2) The name and address of the person.
(3) The date and time the civil infraction was committed.
(4) The facts constituting probable cause.
(5) The ordinance violated.
(6) The name and authority of the officer.
(7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation or to appear in court.
(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, he/she 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.
(11) A conspicuous statement that a person required to appear in court as ordered does not have the option of paying a fine in lieu of appearing in court.
Clinic shall mean a low-cost spay/neuter facility, operated by the county to perform spay and neuter surgeries, administer rabies shots, provide vaccination tags, and provide emergency care to animals impounded by the animal services division.
Commercial kennel or pet dealer shall mean any premises used for a business requiring an occupational license wherein any person engages in boarding, breeding, buying, letting for hire or training dogs or cats for a fee. County-operated animal services agencies, veterinary clinics, animal hospitals, noncommercial kennels, and societies for the prevention of cruelty to animals (as identified in F.S. ﾧ 828.03) are exempt from this definition.
Competent person shall mean a person of such maturity as to be able to exercise control over an animal.
Control shall mean the regulation of the possession, ownership, care, and custody of animals.
Cruelty shall mean any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal, as defined in F.S. ﾧ 828.02.
Dangerous dog shall mean any dog that, according to animal services division records; other animal control or law enforcement authorities; or as attested to by sworn affidavit:
(1) Has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property, including the owner's property other than in defense of the owner, or the owner's home, in response to an action of the person injured or attacked;
(2) Has severely injured or killed a domestic animal while off the owner's property;
(3) Has been used primarily for the purpose of dog fighting or is a dog trained for dog fighting; or
(4) 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 (1) or more persons and dutifully investigated by the animal services division.
(5) Dogs used by law enforcement officials for law enforcement work are exempt from dangerous dog classification.
Division manager shall mean the animal services division manager or designee authorized to administer and enforce the provisions of this article.
Domestic animal shall mean any dog, cat, ferret, rabbit, or bird that has been domesticated so as to live and breed in a tame condition.
Every possible effort shall mean attempting to locate the owner of an animal through reasonable means, which may include but is not limited to, the search for an identification tag, tattoo, micro-chip or canvassing of the neighborhood.
Feral cat shall mean an untamed domestic cat living in the wild that has had little or no human contact and is not socialized.
Keeper shall mean any person having temporary (less than thirty (30) calendar days) possession, custody or control of an animal.
Licensed veterinarian shall mean any person who is licensed to engage in the practice of veterinary medicine in the state under the authority of F.S. ch. 474.
Neglect shall mean failure to provide food, water, shelter, adequate ventilation, protection from the elements, or other care generally considered to be normal, usual and accepted for an animal's health and well-being.
Neutered or spayed shall mean rendered permanently incapable of reproduction by surgical alteration, implantation of a device, or other physical means.
Noncommercial kennel shall mean any premises used primarily as the domicile of an animal owner, on which premises said owner breeds purebred or nonpurebred animals for personal recreational use; provided that where said animals are offered for sale, sold or exchanged for profit, said sales shall comprise no more than twenty-five (25) percent of said owner's income.
Nuisance shall mean:
(1) Any domestic animal that disturbs the peace and quiet of a neighboring resident by habitually and repeatedly barking, howling, crying, screaming, whining or making other bothersome noises; or
(2) Any domestic animal that chases automobiles, other vehicles, livestock, or other domestic animals or runs at large; or acts in an aggressive manner; or
(3) Any domestic animal that destroys or damages public or private property or causes a serious annoyance so as to interfere with the reasonable use and enjoyment of public or private property; or
(4) Any domestic animal that urinates or defecates on public or private property without the property owner's consent; or
(5) Any domestic animal which is an unwelcome guest on private or public property.
Officer shall mean any law enforcement officer defined in F.S. ﾧ 943.10, or any animal control officer.
Owner shall mean any person or legal entity possessing, harboring, keeping or having control or custody of an animal on or within their own real property or, if the animal is owned by a person under the age of eighteen (18), that person's parent or guardian. Any person or legal entity who provides food, water, shelter, or care for an animal for thirty (30) calendar days shall be considered to be the owner of said animal.
Potentially dangerous shall mean any dog that, according to animal services division records, other animal control or law enforcement authorities, or as attested to by sworn affidavit, has posed a threat to public safety by:
(1) Causing an injury to a person or domestic animal that is less than a severe injury; or
(2) Without provocation, chasing or menacing a person or domestic animal in an aggressive manner; or
(3) Without provocation, repeatedly acting in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape.
(4) Dogs used by law enforcement officials for law enforcement work are exempt from potentially dangerous dog classification.
Proper enclosure of a dangerous dog shall mean that 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 flooring to prevent the dog from escaping over, under or through the structure and shall also provide adequate ventilation and protection from the elements.
Proper enclosure for a potentially dangerous dog shall mean a securely constructed fenced area, in good repair and condition, that the dog is unable to climb over, dig under, or in any way pass or reach through if the dog is to be allowed off leash outside the owner's residence. This area must have secure gates that are to be locked at all times when the animal is present.
Provoked shall mean to tease, molest, torment, abuse, assault, or to instigate behavior in a dog or cat that may lead to the animal attacking or biting a person or another animal.
Restraining device shall mean a chain, cord, or cable, with a minimum length of ten (10) feet, used to confine an animal on an owner's property. This device must provide for humane, unrestrained range of movement for the animal to insure that the animal is not exposed to hazard or injury and shall not prevent the animal from having food, water, shelter, adequate ventilation, protection from the elements or other care generally considered to be normal and usual. This device shall be proportional in size, weigh no more than one-eighth ( 1/8) of the dog or puppy's body weight, and designed for use with the specific breed of animal with an appropriate collar. These devices shall not be used to confine a dog on an owner's property between the hours of 9:00 a.m. and 5:00 p.m., three hundred sixty-five (365) days a year and during times of extreme weather, e.g., hurricanes, below freezing conditions.
Severe injury shall mean any physical injury to a human being or animal that results in broken bones, multiple/repeated bite punctures, disfiguring lacerations or injuries requiring sutures or reconstructive surgery.
Shelter shall mean a secure weather resistant structure which protects an animal from exposure to the elements including but not limited to, rain, cold, wind and heat, that provides for adequate ventilation, and in size is a minimum of six (6) inches higher than the animal's height at full stand with head erect, one and one-half (1 1/2) times the animal's full body length, and sufficient in width to permit the animal to turn around.
Stray shall mean an animal without any known owner or keeper to provide food, water, or shelter for a period of at least thirty (30) calendar days.
Tag shall mean a rabies vaccination tag issued pursuant to this article.
Truck tether system shall mean a system designed to keep a dog securely attached and restrained in the back of a truck, safe and free of hazard and away from the sides of the truck.
Unprovoked shall mean a victim who has conducted himself/herself peacefully and lawfully, and has been bitten, chased in a menacing fashion, or attacked by a dog.
Vaccinated shall mean an animal that has been administered a current one-year or three-year rabies vaccine.
Wholesome exercise shall mean uninhibited movement for a period of time sufficient for the physical well being of an animal, considering the size, age, and breed of that animal.
Wildlife shall mean any nonhuman primate, raccoon, skunk, opossum, fox, reptile, large feline, or any other animal so classified by the Florida Fish and Wildlife Conservation Commission.
Working day shall mean any calendar day excluding Sundays and county holidays.
(Code 1965, ﾧ 3-6; Ord. No. 87-9, ﾧ 6, 3-9-87; Ord. No. 91-8, ﾧ 5, 4-2-91; Ord. No. 95-32, ﾧ 3, 9-26-95; Ord. No. 2002-04, ﾧ 3, 6-4-02; Ord. No. 2005-07, ﾧ 3, 7-12-05)
Cross references: Definitions and rules of construction generally, ﾧ 1-2.
Sec. 5-33. Animals at-large prohibited.
(a) Prohibition of animals at-large.
(1) No domestic animal owner or person having charge, care, custody or control of any domestic animal shall permit, any domestic animal to run at large, upon any public property, or off the premises of the owner.
(2) An officer finding a domestic animal at-large may issue a warning or a citation for such violation. If the owner cannot be identified and located with reasonable effort, such animal may be seized and impounded.
(3) No domestic animal at-large shall be permitted to cause injury, or threat of injury, to any person, or cause property damage.
(4) The owner or keeper of a female dog or cat in heat (estrus) shall confine such dog or cat so as to make it inaccessible to any male dog or cat except for controlled and intentional breeding purposes.
(5) It shall be a violation of this article for the owner or keeper of a dog or cat to tie, chain or otherwise tether such animal in such a manner that it has access to public property or the property of another without the consent of the property owner.
(6) Any domestic animal transported in any open vehicle shall either be within a cage, crate or pen, which is well ventilated and secured within the body of the vehicle, or restrained by one (1) tether, affixed to the center of the vehicle and attached to the collar or harness of the animal to prevent the animal from escaping or causing injury to itself or any person. The tether shall be short enough to prevent the animal's head from reaching the sides or back of the vehicle. Nothing in this subsection shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purposes.
(b) Seizure of at-large animals; harboring and finder-ownership.
(1) When a domestic animal is at-large a person may seize such animal in a humane manner if the owner of the animal is unknown to the person and the owner of the animal is not identified by any form of identification. Any person, who finds a stray domestic animal, where the owner is unknown, shall relinquish custody to the animal services division or file a found animal report with the animal services division within two (2) calendar days after finding the animal. If the person desires to maintain the seized animal as their own, he/she shall maintain such animal for the time set forth in subsection (2) hereinafter.
(2) Any person who keeps a found domestic animal for thirty (30) consecutive days, and no owner is found, shall be conclusively presumed to be the owner of such animal.
(Ord. No. 95-32, ﾧ 6, 9-26-95; Ord. No. 2005-07, ﾧ 7, 7-12-05)
Editor's note: Prior to its reinstatement by Ord. No. 95-32, section 5-33 had been repealed by ﾧ 9 of Ord. No. 91-8, adopted April 2, 1981. Prior to this repeal, section 5-28 pertained to seizure of animals and derived from Code 1965, ﾧ 3-10, and Ord. No. 87-9, ﾧ 10, adopted Mar. 9, 1987.
Sec. 5-37. Rabies vaccination.
(a) The owner or keeper of a dog, cat, or ferret four (4) months of age or older shall vaccinate such dog, cat, or ferret against rabies through a licensed veterinarian. Evidence of rabies vaccination shall consist of a certificate signed by the licensed veterinarian administering the vaccination and identifying the owner and the address of the dog, cat, or ferret and containing such other information as required by state law.
(b) A rabies vaccination is excused only if a dog, cat, or ferret is less than four (4) months of age, or if a licensed veterinarian certifies in writing that rabies vaccination would be injurious to the health of a dog, cat, or ferret. In the latter case, such dog, cat, or ferret shall be confined in an enclosed building or a kennel at all times until a licensed veterinarian can safely vaccinate the dog, cat, or ferret.
(c) The county rabies control program shall be carried out pursuant to F.A.C. ch. 64D-3 and the following provisions:
(1) When a dog or cat has bitten or is believed to have bitten a human being or another animal, or is suspected of carrying rabies, the dog or cat shall be quarantined for rabies observation for a reasonable period of time, as determined by the division manager, but in no case less than ten (10) calendar days. The owner/keeper of such dog or cat shall relinquish possession of the dog or cat for the purpose of quarantine. Refusal to surrender any animal believed to have inflicted a bite on a person upon lawful demand shall be in violation of this article. At the discretion of the division manager, any such dog or cat without a current rabies vaccination may be kept in quarantine at the owner's expense in a county shelter or at an approved holding facility of a local veterinarian or an approved boarding kennel.
(2) The state department of health and rehabilitative services county public health unit director/administrator or the state health officer may make an exception and approve confinement of a dog or cat having a current rabies vaccination administered by a licensed veterinarian at the owner's home or at another acceptable location. If the division manager determines, at any time during the quarantine period, that the owner/keeper of the dog or cat has failed to sufficiently confine the dog or cat, the owner shall relinquish possession of the dog or cat to the animal services division. The dog or cat will then be confined in the custody of the animal services division or at an approved holding facility of a local veterinarian for the remainder of the quarantine period at the owner's expense.
(3) Dogs and cats or other animals under quarantine shall not be released or removed from the place of quarantine unless permission is obtained from the county health unit director or the state department of health and rehabilitative services county public health unit director/administrator or the state health officer.
(4) Bites of guinea pigs, hamsters, ferrets, lagomorphs (rabbits and hares), livestock, squirrels, gerbils, chipmunks, rats, mice and other rodents shall be evaluated on an individual basis at the discretion of the state department of health and rehabilitative services county public health unit director for a determination as to the need for laboratory examination.
(5) Any free-roaming wild mammal that has bitten or exposed a human to rabies shall be disposed of immediately in a manner that the head of the animal can be submitted to one (1) of the laboratories of the state department of health and rehabilitative services for examination for rabies. When a free-roaming wild mammal which is on a list of endangered animal species is involved, the Florida Fish and Wildlife Conservation Commission shall be notified and given the opportunity to obtain the specimen and other relevant information.
(6) Any dog or cat with a current rabies vaccination that is bitten or exposed by a known rabid animal shall be revaccinated immediately by a licensed veterinarian and quarantined for ninety (90) calendar days. The state health director or his designee may permit such animal to be quarantined at home, the animal services division, or another approved facility. Such animal shall be on a leash when taken outdoors.
(7) Any dog or cat without a current rabies vaccination that is bitten by or exposed to a known rabid animal shall be disposed of or, if the owner so desires, placed under rabies quarantine for six (6) months at the owner's expense in a place approved by the state department of health and rehabilitative services county public health unit director/administrator or the state health officer. Such animals shall be given a rabies vaccination upon entering quarantine and shall be revaccinated one (1) month prior to release from quarantine.
(8) Any animal held under quarantine must be claimed by the owner within three (3) working days following the last day of quarantine unless prior arrangements have been made or the animal shall be considered abandoned and disposed of as the animal services division deems appropriate.
(9) The owner of any dog or cat held under quarantine must provide proof of vaccination against rabies or have the dog or cat vaccinated against rabies before the dog or cat will be released from quarantine. The owner's failure to have the dog or cat vaccinated against rabies shall be a violation of this article.
(Code 1965, ﾧ 3-14; Ord. No. 87-9, ﾧ 14, 3-9-87; Ord. No. 91-8, ﾧ 13, 4-2-91; Ord. No. 95-32, ﾧ 10, 9-26-95; Ord. No. 2002-04, ﾧ 6, 6-4-02; Ord. No. 2005-07, ﾧ 11, 7-12-05)
Sec. 5-38. Certificates and tags.
(a) Rabies certificates and tags issued by licensed veterinarians and veterinary clinics will be recognized as appropriate identification for dogs, cats and ferrets in Orange County.
(b) A certificate and tag issued for one (1) dog, cat, or ferret is not valid for any other dog, cat, and ferret. No tag shall be valid after the expiration of the rabies vaccination regardless of the date of issuance.
(c) All dogs, cats and ferrets in Orange County shall have displayed on its collar a current rabies vaccination tag, when not confined inside the owner's or keeper's home, except:
(1) When the dog, cat, or ferret is participating in an organized exhibition field trial, competition, or legal sport under the supervision of its owner or keeper, or is training for such events, or is undergoing grooming;
(2) When the dog, cat, or ferret is confined inside a licensed kennel or grooming facility;
(3) When a licensed veterinarian orders in writing that the collar and tag be removed from the dog, cat or ferret for health reasons.
(d) The tag shall be the standard tag issued by the veterinarian or veterinary clinic administering the vaccination. Replacement of the tag will be in conjunction with the revaccination date recorded on the rabies vaccination certificate issued by the veterinarian.
(e) Animal services shall issue rabies vaccination tags and certificates for dogs and cats adopted from animal services. Subsequent rabies vaccinations, tags, and certificates will be acquired from the veterinarian administering future inoculations.
(f) A police dog, as defined in F.S. ﾧ 843.19, shall be exempt from wearing a license rabies tag while being used by a law enforcement agency.
(Code 1965, ﾧ 3-15; Ord. No. 87-9, ﾧ 15, 3-9-87; Ord. No. 91-8, ﾧ 14, 4-2-91; Ord. No. 95-32, ﾧ 11, 9-26-95; Ord. No. 2002-04, ﾧ 7, 6-4-02; Ord. No. 2005-07, ﾧ 12, 7-12-05)
Sec. 5-47. Animal services trust fund.
(a) There is hereby created a county animal services trust fund account for the purpose of accepting contributions and disbursing funds to animal services for the care and treatment of animals.
(b) The animal services trust fund account shall be self-perpetuating year-to-year unless specifically terminated by the board of county commissioners.
(c) Contributions received from public donors, private donors and the courts shall be deposited in the animal services trust fund account and shall at all times be kept separate and apart from the general fund. Such funds shall be expended, utilized and disbursed for the use and purpose of providing for the welfare of animals within the county.
(d) Such gifts, grants, awards and surcharges may be accepted on behalf of the county by the county or such other person or persons as may be designated by resolution of the board of county commissioners and shall be delivered to the finance department, which shall cause the same to be deposited to the animal services trust fund account.
(e) Funds deposited or credited to the animal services trust fund account and not expended by the close of any fiscal year shall be carried forward to the next succeeding fiscal year.
(f) Any gifts, grants, awards and surcharges received subject to a condition shall be expended strictly in accordance with such condition.
(g) Gifts, grants, awards and surcharges not immediately used may be invested and reinvested to earn interest in such investments and securities as may be permitted by law.
(h) Recommendations to the county for expenditure and disbursement of funds shall be made by the animal services advisory board which, with the permission of the county administrator, may initiate and request funds from the public for a specific, approved project to enhance the welfare of animals in the county.
(i) No trust fund moneys shall be disbursed from the animal services trust fund account unless such expenditures have been authorized.
(j) The books and records of the animal services trust fund account shall at all times be open to public inspection and shall be subject to county and state audit as required by law.
(Ord. No. 91-8, ﾧ 23, 4-2-91; Ord. No. 95-32, ﾧ 20, 9-26-95)
Winter Park Municipal Code
Chapter 6: Advertising
Sec. 6-1. Use of streets and sidewalks for advertising or display purposes.
It shall be unlawful to use any portion of a street or sidewalk in the city for advertising or display purposes, unless approved by the city commission.
(Code 1960, ﾧ 3-1)
Sec. 6-2. Placing signs on surface of streets or sidewalks.
It shall be unlawful to stencil, write, paint, erect or place advertising signs or notes upon the surface of any street or sidewalk, except signs or decorations placed by the city.
(Code 1960, ﾧ 3-2)
Sec. 6-3. Posting on trees, poles or public property.
No notice, sign or any advertising matter shall be posted on any tree or telegraph or telephone pole erected on the streets of the city nor on the walls of any city building nor on any property of the city, except that legal, election and similar notices may be posted on bulletin boards.
(Code 1960, ﾧ 3-3)
Sec. 6-4. Posting advertisements on unoccupied buildings or temporary structures.
It shall be unlawful to post advertising matter on any unoccupied building or on any temporary structure in the city. This section shall not apply to any owner or to any person acting under authority of the owner of such building.
(Code 1960, ﾧ 3-4)
Sec. 6-5. Distribution of handbills.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Distribute means to deposit, place, throw, scatter, hand out or circulate.
Handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any otherwise reproduced original or copies of any matter of literature, whether of a commercial nature, or not.
(b) Name and address of distributor. In order that residents of the city may notify distributors that they do not wish to receive handbills at a particular location in the future, it shall be unlawful for any person to distribute handbills which do not have printed on the cover of the handbill, front or back, the name, address and telephone number of the person who caused the handbill to be distributed.
(c) Distribution at residences.
(1) It shall be unlawful for any person to distribute any handbill at a residence, on the property or on the residential mailbox if requested not to do so by a person owning or occupying the residence through a telephone call or letter to the distributor as named therein pursuant to subsection (b) of this section.
(2) It shall be unlawful for any person to distribute any handbill at a residence, on the property or on the residential mailbox, if a sign is placed in a conspicuous position on the premises which reads "no trespassing," "no peddlers," "no advertisements," "no unsolicited newspapers" or any similar phrase, clearly indicating that the occupants of the premises do not desire to have their right of privacy disturbed or to have any such handbill left upon the premises.
(d) Exemption. This section shall not apply to the distribution of mail by the United States or to the distribution of any printed material pursuant to a subscription or with prior consent of a recipient.
(Code 1960, ﾧ 3-5)
Sec. 6-6. Pasting advertising matter on vehicle of another.
It shall be unlawful to paste, glue or affix to any vehicle parked upon any street or public place in the city any handbill, dodger or advertising notice without the consent of the owner of such vehicle.
(Code 1960, ﾧ 3-6)
Sec. 6-7. Obstruction of streets or sidewalks.
It shall be unlawful to conduct any advertising or publicity business or activities pertaining thereto in a manner that produces an assemblage of spectators and listeners and thereby obstructs or causes the obstruction of any street or sidewalk of the city. This restriction shall not apply to parades or advertising under the authority of a permit obtained as provided by ordinance.
(Code 1960, ﾧ 3-7)
Chapter 18: Animals
Article I: In General
Sec. 18-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means any and all types of animals, both domesticated and wild, male and female, singular and plural.
Animal control officer means the duly appointed officer of the city and his duly appointed or designated assistants authorized and empowered to supervise and enforce the animal control provisions of this chapter.
At large means off the premises of the owner or custodian of the animal or fowl, not securely confined by a chain or wire or in a kennel, cage or other enclosure or on a leash under the control of some person.
Dogs means all canines.
Fowl means any and all fowl and birds, domestic and wild, male and female, singular and plural.
Manager of the county animal services department means the officer of the county duly appointed by the board of county commissioners and his duly appointed or designated assistants authorized and empowered to supervise and enforce the animal control provisions of the county ordinance relating to the control and regulation of animals.
Owner means any person who owns or has custody of any animal or fowl or who is the agent or guardian of any person who owns or has custody of any animal or fowl or who harbors or keeps any animal or fowl for five or more consecutive days.
Stray animal means any animal at large whose owner is unknown.
Vicious animal or fowl means any animal or fowl which exhibits a vicious or ferocious nature by snapping at people, attacking, biting or attempting to bite people, scratching or harassing people or other animals without provocation.
Wild animals and fowl means animals or fowl which are normally found in wild or natural habitat.
(Code 1960, ﾧ 5-1)
Cross references: Definitions and rules of construction generally, ﾧ 1-2.
Sec. 18-2. Adoption of county regulations; violation; conflict.
(a) All provisions of Orange County Code chapter 5, article II, as amended, relating to the control and regulation of animals in the county shall be in full force and effect within the boundaries of the city, and such provisions, insofar as they are applicable to the area within the corporate limits of the city, are adopted by reference as part of this Code as fully as if set forth in full in this section.
(b) It shall be unlawful for any person to violate any provision regulating and controlling animals adopted by the board of county commissioners.
(c) If a conflict should arise between the application or enforcement of this chapter and the county provisions regulating animals adopted by reference in this section, the provisions of this chapter shall prevail.
Sec. 18-8. Vaccination against rabies and other contagious and infectious diseases; evidence of inoculation or certificate of good health; exceptions.
(a) On or before April 1 of each year, every owner or keeper of an animal, other than a dog or cat, shall cause such animal to be vaccinated against rabies and such other contagious or infectious diseases to which the animal may be susceptible.The vaccination shall be performed by a veterinarian licensed to practice in the state. If the animal is of a type not susceptible to rabies or other contagious or infectious diseases or if no vaccine exists to prevent such contagious or infectious diseases, the owner or keeper of such animal shall obtain, on or before April 1 of each year, a certificate signed by a veterinarian licensed to practice in the state that such animal is in good health and free of contagious and infectious diseases. The owner or keeper of an animal shall keep and produce, upon request of the animal control officer or a police officer, evidence of vaccination or a certificate of good health as provided in this section.
(b) Dogs and cats shall be vaccinated as required by the county ordinance adopted by reference in section 18-2.
(Code 1960, ﾧ 5-6)
State law references: Animal diseases, F.S. ﾧ 585.01 et seq.
Sec. 18-9. Impounding animals without vaccination or certificate of good health.
Any animal not vaccinated as required by section 18-8 or, if not susceptible to infectious or contagious diseases or if no vaccine exists for such diseases, any animal not having a current certificate of good health signed by a veterinarian licensed to practice in the state shall be subject to impounding and disposal in the same manner as unvaccinated dogs. The same fee and charges applicable to dogs shall likewise be applicable to other animals.
(Code 1960, ﾧ 5-7)
Sec. 18-10. Running at large--Generally.
No person owning or having in his custody any animal or fowl shall permit the animal or fowl to go at large within the corporate limits of the city to the injury or annoyance of other persons or their property.
Sec. 18-11. Same--Impounding.
The animal control officer shall take possession of an animal found at large and return the animal to the owner or custodian if possible or provide for the impounding of the animal in accordance with the provisions of the county regulating animals.
Sec. 18-14. Prohibited in certain parks, playground areas and streets and sidewalks.
(a) No person owning or having in his custody or control any animal shall permit the animal in the following parks or park areas:
Central Park: Animals are prohibited in all areas of Central Park. Dogs are prohibited on any street, right of way, or sidewalk adjacent to Central Park that is closed to vehicular traffic during any special event.
Mead Garden: Animals are prohibited in picnic areas, restrooms, amphitheater, garden club area, maintenance area, camellia garden or greenhouse area.
Ward Park: Animals are prohibited in playground areas, restrooms, ball fields, soccer/multipurpose fields, stadium.
Cady Way: Animals are prohibited in playground area, restrooms, picnic area, and on ball fields and courts.
Phelps Park: Animals are prohibited in playground area, restrooms, picnic area, tennis area, basketball area and athletic field.
Dinky Dock: Animals are prohibited in picnic area, restrooms, beach area, on docks, and in lake.
Lake Island Park: Animals are prohibited in picnic area, playground area, restrooms, ball fields, soccer fields, basketball courts, softball stadium, Civic Center grounds and in the lakes.
Howell Branch Park: Animals are prohibited in playground area, restrooms, picnic area, wetlands areas, and in stream.
Orwin Manor Park: Animals are prohibited in playground and picnic areas.
Farmers Market: Animals are prohibited in the building, food court, patio and stairway area. Dogs must be leashed and attended at all times.
Dogs must be leashed in all other areas of city parks. Leashes must not exceed 6' in length and must be held and in owners control at all times.
Fleet Peeples Park: Dogs are permitted to run off-leash only during posted hours and within the designated fenced area of the park. Dogs must be leashed while in the parking lot of the park. Dogs are not allowed within the picnic areas, shelters or restrooms.
(b) It shall be the responsibility of each person who has custody of or controls a dog in an allowed area to immediately remove all waste and to possess the means with which to collect and dispose of that waste in a sanitary manner. Failure to properly remove and dispose of the dog waste may result in a citation, fine, immediate removal from the park and or banning from the property. Violation of this section shall result in a $50.00 fine for first offense, $100.00 for second violation, and mandatory court appearance for additional violations.
(c) Animals employed by any governmental agency and those aiding impaired persons are exempted from this section.
(d) Ponies/horses and petting zoos are prohibited in all parks.
(e) Definitions:
(1) Picnic area: Animals are not permitted within 50 feet of picnic pavilions, picnic tables* and/or barbeque grills*.
(2) Playground area: Animals are not permitted within 50 feet of any playground apparatus*.
*Excluding Fleet Peeples Park
(Code 1960, ﾧ 5-11.1; Ord. No. 2665-06, ﾧ 1, 2-27-06)
Sec. 18-17. Noise; disturbances; destruction of property; chasing vehicles.
It shall be unlawful for any person to keep or harbor within the city any animal or fowl which:
(1) Barks, howls, screams, cries, crows or makes other noises by day or night which disturb the peace and quiet of any person or family;
(2) Habitually destroys or desecrates property of any person; or
(3) Habitually chases cars or other vehicles.
Article II: Dogs and Cats
Sec. 18-41. Registration of dogs.
It shall be unlawful for any person to own, keep, maintain or harbor any dog within the corporate limits of the city unless the dog has first been registered with the county tax collector or a veterinarian licensed to practice in the state. The registration fee or rate will be determined by the board of county commissioners.
(Code 1960, ﾧ 5-19)
Sec. 18-42. Dog licenses and tags; evidence of inoculation; tag.
(a) On or before April 1 of each year, every owner or keeper of a dog four months or older in the city shall obtain a license certificate and metal tag from the county tax collector.
(b) License fees shall be those charged by the county, as such shall from time to time be modified.
(Code 1960, ﾧ 5-20)
Sec. 18-43. License year.
The dog license year shall commence on January 1 of each year and end on December 31 of each year. Licenses shall be purchased from the county tax collector on or before April 1 of each year.
(Code 1960, ﾧ 5-21)
Sec. 18-44. Defecation or urination on property of others.
(a) It is unlawful for a dog or cat owner or keeper to permit a dog or cat, either willfully or negligently, to defecate or urinate upon:
(1) Public park, beach or school ground, other than in areas designated for that purpose; or
(2) Private property without the permission of the property owner.
(b) Where this section is violated, the owner or keeper shall remove any feces deposited by the dog or cat. Failure to do so immediately shall constitute an additional violation of this section.
(Code 1960, ﾧ 5-22)
Sec. 18-45. Prohibited in certain parks, playground areas and streets and sidewalks.
(a) Dogs and cats are prohibited in Central Park, Fleet Peeples Park and within the playground areas containing recreational facilities or equipment for children in Azalea Lane, Phelps Park, Ward Park and community playgrounds. Dogs and cats are allowed only in posted areas of Mead Gardens.
(b) Dogs and cats are prohibited in any street or right-of-way adjacent to Central Park which shall be closed to vehicular traffic or upon any sidewalk adjacent thereto during the three days of the Winter Park Sidewalk Art Festival.
(c) Animals employed by any governmental agency and those aiding sight-impaired persons are exempted from this section.
(Code 1960, ﾧ 5-23)
Submitted by Katie Ellis
Chapter 5: Animals
Section II: Animal Services
Sec. 5-29. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon shall mean 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 or keeper. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal, in accordance with F.S. ﾧ 705.19. An animal will not be considered abandoned if the owner or keeper arranges for a person to feed, water, and monitor the animal's condition on a scheduled or regular basis. Intervals between monitoring, watering, and feeding shall not exceed twenty-four (24) hours. An animal shall be considered a stray after thirty (30) calendar days.
Animal shall mean any living dumb creature.
Animal services classification committee shall mean a committee appointed by the board of county commissioners to hear appeals regarding the classification of dogs as dangerous or potentially dangerous.
Animal services officer shall mean any person employed, contracted with or appointed by the county who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue warnings and citations as provided in this article. An animal services officer is not authorized to bear arms or make arrests. The term "animal services officer" also means "code enforcement officer" but only for the purpose of providing confidentiality and exemption from public disclosure of the home addresses and telephone numbers of animal services officers.
At-large shall mean:
(1) With regard to a dog:
(a) A dog off the owner's premises and not under a competent person's control by means of a leash, cord or chain; or
(b) A dog on the owner's property and not under control of a competent person or not confined or restrained by means of a leash, cord or other humane restraining device;
(c) Provided, however, a dog under supervision and engaged in hunting or agricultural or ranching tasks or a competition, trial or show, or designated dog park shall not be considered at large.
(2) A cat, off the owner's premises, which does not display a current rabies vaccination or identification tag.
Certificate shall mean a certificate issued by the county or a licensed veterinarian showing that the animal has been currently vaccinated for rabies.
Certificate of registration shall mean a county dangerous or potentially dangerous dog registration issued pursuant to this article.
Citation shall mean a written notice, in form required by F.S. ﾧ 828.27, and issued by an officer to a person, either in person, by certified mail, or by conspicuous posting upon a dwelling, when 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. The citation shall contain:
(1) The date and time of issuance.
(2) The name and address of the person.
(3) The date and time the civil infraction was committed.
(4) The facts constituting probable cause.
(5) The ordinance violated.
(6) The name and authority of the officer.
(7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation or to appear in court.
(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, he/she 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.
(11) A conspicuous statement that a person required to appear in court as ordered does not have the option of paying a fine in lieu of appearing in court.
Clinic shall mean a low-cost spay/neuter facility, operated by the county to perform spay and neuter surgeries, administer rabies shots, provide vaccination tags, and provide emergency care to animals impounded by the animal services division.
Commercial kennel or pet dealer shall mean any premises used for a business requiring an occupational license wherein any person engages in boarding, breeding, buying, letting for hire or training dogs or cats for a fee. County-operated animal services agencies, veterinary clinics, animal hospitals, noncommercial kennels, and societies for the prevention of cruelty to animals (as identified in F.S. ﾧ 828.03) are exempt from this definition.
Competent person shall mean a person of such maturity as to be able to exercise control over an animal.
Control shall mean the regulation of the possession, ownership, care, and custody of animals.
Cruelty shall mean any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal, as defined in F.S. ﾧ 828.02.
Dangerous dog shall mean any dog that, according to animal services division records; other animal control or law enforcement authorities; or as attested to by sworn affidavit:
(1) Has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property, including the owner's property other than in defense of the owner, or the owner's home, in response to an action of the person injured or attacked;
(2) Has severely injured or killed a domestic animal while off the owner's property;
(3) Has been used primarily for the purpose of dog fighting or is a dog trained for dog fighting; or
(4) 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 (1) or more persons and dutifully investigated by the animal services division.
(5) Dogs used by law enforcement officials for law enforcement work are exempt from dangerous dog classification.
Division manager shall mean the animal services division manager or designee authorized to administer and enforce the provisions of this article.
Domestic animal shall mean any dog, cat, ferret, rabbit, or bird that has been domesticated so as to live and breed in a tame condition.
Every possible effort shall mean attempting to locate the owner of an animal through reasonable means, which may include but is not limited to, the search for an identification tag, tattoo, micro-chip or canvassing of the neighborhood.
Feral cat shall mean an untamed domestic cat living in the wild that has had little or no human contact and is not socialized.
Keeper shall mean any person having temporary (less than thirty (30) calendar days) possession, custody or control of an animal.
Licensed veterinarian shall mean any person who is licensed to engage in the practice of veterinary medicine in the state under the authority of F.S. ch. 474.
Neglect shall mean failure to provide food, water, shelter, adequate ventilation, protection from the elements, or other care generally considered to be normal, usual and accepted for an animal's health and well-being.
Neutered or spayed shall mean rendered permanently incapable of reproduction by surgical alteration, implantation of a device, or other physical means.
Noncommercial kennel shall mean any premises used primarily as the domicile of an animal owner, on which premises said owner breeds purebred or nonpurebred animals for personal recreational use; provided that where said animals are offered for sale, sold or exchanged for profit, said sales shall comprise no more than twenty-five (25) percent of said owner's income.
Nuisance shall mean:
(1) Any domestic animal that disturbs the peace and quiet of a neighboring resident by habitually and repeatedly barking, howling, crying, screaming, whining or making other bothersome noises; or
(2) Any domestic animal that chases automobiles, other vehicles, livestock, or other domestic animals or runs at large; or acts in an aggressive manner; or
(3) Any domestic animal that destroys or damages public or private property or causes a serious annoyance so as to interfere with the reasonable use and enjoyment of public or private property; or
(4) Any domestic animal that urinates or defecates on public or private property without the property owner's consent; or
(5) Any domestic animal which is an unwelcome guest on private or public property.
Officer shall mean any law enforcement officer defined in F.S. ﾧ 943.10, or any animal control officer.
Owner shall mean any person or legal entity possessing, harboring, keeping or having control or custody of an animal on or within their own real property or, if the animal is owned by a person under the age of eighteen (18), that person's parent or guardian. Any person or legal entity who provides food, water, shelter, or care for an animal for thirty (30) calendar days shall be considered to be the owner of said animal.
Potentially dangerous shall mean any dog that, according to animal services division records, other animal control or law enforcement authorities, or as attested to by sworn affidavit, has posed a threat to public safety by:
(1) Causing an injury to a person or domestic animal that is less than a severe injury; or
(2) Without provocation, chasing or menacing a person or domestic animal in an aggressive manner; or
(3) Without provocation, repeatedly acting in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape.
(4) Dogs used by law enforcement officials for law enforcement work are exempt from potentially dangerous dog classification.
Proper enclosure of a dangerous dog shall mean that 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 flooring to prevent the dog from escaping over, under or through the structure and shall also provide adequate ventilation and protection from the elements.
Proper enclosure for a potentially dangerous dog shall mean a securely constructed fenced area, in good repair and condition, that the dog is unable to climb over, dig under, or in any way pass or reach through if the dog is to be allowed off leash outside the owner's residence. This area must have secure gates that are to be locked at all times when the animal is present.
Provoked shall mean to tease, molest, torment, abuse, assault, or to instigate behavior in a dog or cat that may lead to the animal attacking or biting a person or another animal.
Restraining device shall mean a chain, cord, or cable, with a minimum length of ten (10) feet, used to confine an animal on an owner's property. This device must provide for humane, unrestrained range of movement for the animal to insure that the animal is not exposed to hazard or injury and shall not prevent the animal from having food, water, shelter, adequate ventilation, protection from the elements or other care generally considered to be normal and usual. This device shall be proportional in size, weigh no more than one-eighth ( 1/8) of the dog or puppy's body weight, and designed for use with the specific breed of animal with an appropriate collar. These devices shall not be used to confine a dog on an owner's property between the hours of 9:00 a.m. and 5:00 p.m., three hundred sixty-five (365) days a year and during times of extreme weather, e.g., hurricanes, below freezing conditions.
Severe injury shall mean any physical injury to a human being or animal that results in broken bones, multiple/repeated bite punctures, disfiguring lacerations or injuries requiring sutures or reconstructive surgery.
Shelter shall mean a secure weather resistant structure which protects an animal from exposure to the elements including but not limited to, rain, cold, wind and heat, that provides for adequate ventilation, and in size is a minimum of six (6) inches higher than the animal's height at full stand with head erect, one and one-half (1 1/2) times the animal's full body length, and sufficient in width to permit the animal to turn around.
Stray shall mean an animal without any known owner or keeper to provide food, water, or shelter for a period of at least thirty (30) calendar days.
Tag shall mean a rabies vaccination tag issued pursuant to this article.
Truck tether system shall mean a system designed to keep a dog securely attached and restrained in the back of a truck, safe and free of hazard and away from the sides of the truck.
Unprovoked shall mean a victim who has conducted himself/herself peacefully and lawfully, and has been bitten, chased in a menacing fashion, or attacked by a dog.
Vaccinated shall mean an animal that has been administered a current one-year or three-year rabies vaccine.
Wholesome exercise shall mean uninhibited movement for a period of time sufficient for the physical well being of an animal, considering the size, age, and breed of that animal.
Wildlife shall mean any nonhuman primate, raccoon, skunk, opossum, fox, reptile, large feline, or any other animal so classified by the Florida Fish and Wildlife Conservation Commission.
Working day shall mean any calendar day excluding Sundays and county holidays.
(Code 1965, ﾧ 3-6; Ord. No. 87-9, ﾧ 6, 3-9-87; Ord. No. 91-8, ﾧ 5, 4-2-91; Ord. No. 95-32, ﾧ 3, 9-26-95; Ord. No. 2002-04, ﾧ 3, 6-4-02; Ord. No. 2005-07, ﾧ 3, 7-12-05)
Cross references: Definitions and rules of construction generally, ﾧ 1-2.
Sec. 5-33. Animals at-large prohibited.
(a) Prohibition of animals at-large.
(1) No domestic animal owner or person having charge, care, custody or control of any domestic animal shall permit, any domestic animal to run at large, upon any public property, or off the premises of the owner.
(2) An officer finding a domestic animal at-large may issue a warning or a citation for such violation. If the owner cannot be identified and located with reasonable effort, such animal may be seized and impounded.
(3) No domestic animal at-large shall be permitted to cause injury, or threat of injury, to any person, or cause property damage.
(4) The owner or keeper of a female dog or cat in heat (estrus) shall confine such dog or cat so as to make it inaccessible to any male dog or cat except for controlled and intentional breeding purposes.
(5) It shall be a violation of this article for the owner or keeper of a dog or cat to tie, chain or otherwise tether such animal in such a manner that it has access to public property or the property of another without the consent of the property owner.
(6) Any domestic animal transported in any open vehicle shall either be within a cage, crate or pen, which is well ventilated and secured within the body of the vehicle, or restrained by one (1) tether, affixed to the center of the vehicle and attached to the collar or harness of the animal to prevent the animal from escaping or causing injury to itself or any person. The tether shall be short enough to prevent the animal's head from reaching the sides or back of the vehicle. Nothing in this subsection shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purposes.
(b) Seizure of at-large animals; harboring and finder-ownership.
(1) When a domestic animal is at-large a person may seize such animal in a humane manner if the owner of the animal is unknown to the person and the owner of the animal is not identified by any form of identification. Any person, who finds a stray domestic animal, where the owner is unknown, shall relinquish custody to the animal services division or file a found animal report with the animal services division within two (2) calendar days after finding the animal. If the person desires to maintain the seized animal as their own, he/she shall maintain such animal for the time set forth in subsection (2) hereinafter.
(2) Any person who keeps a found domestic animal for thirty (30) consecutive days, and no owner is found, shall be conclusively presumed to be the owner of such animal.
(Ord. No. 95-32, ﾧ 6, 9-26-95; Ord. No. 2005-07, ﾧ 7, 7-12-05)
Editor's note: Prior to its reinstatement by Ord. No. 95-32, section 5-33 had been repealed by ﾧ 9 of Ord. No. 91-8, adopted April 2, 1981. Prior to this repeal, section 5-28 pertained to seizure of animals and derived from Code 1965, ﾧ 3-10, and Ord. No. 87-9, ﾧ 10, adopted Mar. 9, 1987.
Sec. 5-37. Rabies vaccination.
(a) The owner or keeper of a dog, cat, or ferret four (4) months of age or older shall vaccinate such dog, cat, or ferret against rabies through a licensed veterinarian. Evidence of rabies vaccination shall consist of a certificate signed by the licensed veterinarian administering the vaccination and identifying the owner and the address of the dog, cat, or ferret and containing such other information as required by state law.
(b) A rabies vaccination is excused only if a dog, cat, or ferret is less than four (4) months of age, or if a licensed veterinarian certifies in writing that rabies vaccination would be injurious to the health of a dog, cat, or ferret. In the latter case, such dog, cat, or ferret shall be confined in an enclosed building or a kennel at all times until a licensed veterinarian can safely vaccinate the dog, cat, or ferret.
(c) The county rabies control program shall be carried out pursuant to F.A.C. ch. 64D-3 and the following provisions:
(1) When a dog or cat has bitten or is believed to have bitten a human being or another animal, or is suspected of carrying rabies, the dog or cat shall be quarantined for rabies observation for a reasonable period of time, as determined by the division manager, but in no case less than ten (10) calendar days. The owner/keeper of such dog or cat shall relinquish possession of the dog or cat for the purpose of quarantine. Refusal to surrender any animal believed to have inflicted a bite on a person upon lawful demand shall be in violation of this article. At the discretion of the division manager, any such dog or cat without a current rabies vaccination may be kept in quarantine at the owner's expense in a county shelter or at an approved holding facility of a local veterinarian or an approved boarding kennel.
(2) The state department of health and rehabilitative services county public health unit director/administrator or the state health officer may make an exception and approve confinement of a dog or cat having a current rabies vaccination administered by a licensed veterinarian at the owner's home or at another acceptable location. If the division manager determines, at any time during the quarantine period, that the owner/keeper of the dog or cat has failed to sufficiently confine the dog or cat, the owner shall relinquish possession of the dog or cat to the animal services division. The dog or cat will then be confined in the custody of the animal services division or at an approved holding facility of a local veterinarian for the remainder of the quarantine period at the owner's expense.
(3) Dogs and cats or other animals under quarantine shall not be released or removed from the place of quarantine unless permission is obtained from the county health unit director or the state department of health and rehabilitative services county public health unit director/administrator or the state health officer.
(4) Bites of guinea pigs, hamsters, ferrets, lagomorphs (rabbits and hares), livestock, squirrels, gerbils, chipmunks, rats, mice and other rodents shall be evaluated on an individual basis at the discretion of the state department of health and rehabilitative services county public health unit director for a determination as to the need for laboratory examination.
(5) Any free-roaming wild mammal that has bitten or exposed a human to rabies shall be disposed of immediately in a manner that the head of the animal can be submitted to one (1) of the laboratories of the state department of health and rehabilitative services for examination for rabies. When a free-roaming wild mammal which is on a list of endangered animal species is involved, the Florida Fish and Wildlife Conservation Commission shall be notified and given the opportunity to obtain the specimen and other relevant information.
(6) Any dog or cat with a current rabies vaccination that is bitten or exposed by a known rabid animal shall be revaccinated immediately by a licensed veterinarian and quarantined for ninety (90) calendar days. The state health director or his designee may permit such animal to be quarantined at home, the animal services division, or another approved facility. Such animal shall be on a leash when taken outdoors.
(7) Any dog or cat without a current rabies vaccination that is bitten by or exposed to a known rabid animal shall be disposed of or, if the owner so desires, placed under rabies quarantine for six (6) months at the owner's expense in a place approved by the state department of health and rehabilitative services county public health unit director/administrator or the state health officer. Such animals shall be given a rabies vaccination upon entering quarantine and shall be revaccinated one (1) month prior to release from quarantine.
(8) Any animal held under quarantine must be claimed by the owner within three (3) working days following the last day of quarantine unless prior arrangements have been made or the animal shall be considered abandoned and disposed of as the animal services division deems appropriate.
(9) The owner of any dog or cat held under quarantine must provide proof of vaccination against rabies or have the dog or cat vaccinated against rabies before the dog or cat will be released from quarantine. The owner's failure to have the dog or cat vaccinated against rabies shall be a violation of this article.
(Code 1965, ﾧ 3-14; Ord. No. 87-9, ﾧ 14, 3-9-87; Ord. No. 91-8, ﾧ 13, 4-2-91; Ord. No. 95-32, ﾧ 10, 9-26-95; Ord. No. 2002-04, ﾧ 6, 6-4-02; Ord. No. 2005-07, ﾧ 11, 7-12-05)
Sec. 5-38. Certificates and tags.
(a) Rabies certificates and tags issued by licensed veterinarians and veterinary clinics will be recognized as appropriate identification for dogs, cats and ferrets in Orange County.
(b) A certificate and tag issued for one (1) dog, cat, or ferret is not valid for any other dog, cat, and ferret. No tag shall be valid after the expiration of the rabies vaccination regardless of the date of issuance.
(c) All dogs, cats and ferrets in Orange County shall have displayed on its collar a current rabies vaccination tag, when not confined inside the owner's or keeper's home, except:
(1) When the dog, cat, or ferret is participating in an organized exhibition field trial, competition, or legal sport under the supervision of its owner or keeper, or is training for such events, or is undergoing grooming;
(2) When the dog, cat, or ferret is confined inside a licensed kennel or grooming facility;
(3) When a licensed veterinarian orders in writing that the collar and tag be removed from the dog, cat or ferret for health reasons.
(d) The tag shall be the standard tag issued by the veterinarian or veterinary clinic administering the vaccination. Replacement of the tag will be in conjunction with the revaccination date recorded on the rabies vaccination certificate issued by the veterinarian.
(e) Animal services shall issue rabies vaccination tags and certificates for dogs and cats adopted from animal services. Subsequent rabies vaccinations, tags, and certificates will be acquired from the veterinarian administering future inoculations.
(f) A police dog, as defined in F.S. ﾧ 843.19, shall be exempt from wearing a license rabies tag while being used by a law enforcement agency.
(Code 1965, ﾧ 3-15; Ord. No. 87-9, ﾧ 15, 3-9-87; Ord. No. 91-8, ﾧ 14, 4-2-91; Ord. No. 95-32, ﾧ 11, 9-26-95; Ord. No. 2002-04, ﾧ 7, 6-4-02; Ord. No. 2005-07, ﾧ 12, 7-12-05)
Sec. 5-47. Animal services trust fund.
(a) There is hereby created a county animal services trust fund account for the purpose of accepting contributions and disbursing funds to animal services for the care and treatment of animals.
(b) The animal services trust fund account shall be self-perpetuating year-to-year unless specifically terminated by the board of county commissioners.
(c) Contributions received from public donors, private donors and the courts shall be deposited in the animal services trust fund account and shall at all times be kept separate and apart from the general fund. Such funds shall be expended, utilized and disbursed for the use and purpose of providing for the welfare of animals within the county.
(d) Such gifts, grants, awards and surcharges may be accepted on behalf of the county by the county or such other person or persons as may be designated by resolution of the board of county commissioners and shall be delivered to the finance department, which shall cause the same to be deposited to the animal services trust fund account.
(e) Funds deposited or credited to the animal services trust fund account and not expended by the close of any fiscal year shall be carried forward to the next succeeding fiscal year.
(f) Any gifts, grants, awards and surcharges received subject to a condition shall be expended strictly in accordance with such condition.
(g) Gifts, grants, awards and surcharges not immediately used may be invested and reinvested to earn interest in such investments and securities as may be permitted by law.
(h) Recommendations to the county for expenditure and disbursement of funds shall be made by the animal services advisory board which, with the permission of the county administrator, may initiate and request funds from the public for a specific, approved project to enhance the welfare of animals in the county.
(i) No trust fund moneys shall be disbursed from the animal services trust fund account unless such expenditures have been authorized.
(j) The books and records of the animal services trust fund account shall at all times be open to public inspection and shall be subject to county and state audit as required by law.
(Ord. No. 91-8, ﾧ 23, 4-2-91; Ord. No. 95-32, ﾧ 20, 9-26-95)
Winter Park Municipal Code
Chapter 6: Advertising
Sec. 6-1. Use of streets and sidewalks for advertising or display purposes.
It shall be unlawful to use any portion of a street or sidewalk in the city for advertising or display purposes, unless approved by the city commission.
(Code 1960, ﾧ 3-1)
Sec. 6-2. Placing signs on surface of streets or sidewalks.
It shall be unlawful to stencil, write, paint, erect or place advertising signs or notes upon the surface of any street or sidewalk, except signs or decorations placed by the city.
(Code 1960, ﾧ 3-2)
Sec. 6-3. Posting on trees, poles or public property.
No notice, sign or any advertising matter shall be posted on any tree or telegraph or telephone pole erected on the streets of the city nor on the walls of any city building nor on any property of the city, except that legal, election and similar notices may be posted on bulletin boards.
(Code 1960, ﾧ 3-3)
Sec. 6-4. Posting advertisements on unoccupied buildings or temporary structures.
It shall be unlawful to post advertising matter on any unoccupied building or on any temporary structure in the city. This section shall not apply to any owner or to any person acting under authority of the owner of such building.
(Code 1960, ﾧ 3-4)
Sec. 6-5. Distribution of handbills.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Distribute means to deposit, place, throw, scatter, hand out or circulate.
Handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any otherwise reproduced original or copies of any matter of literature, whether of a commercial nature, or not.
(b) Name and address of distributor. In order that residents of the city may notify distributors that they do not wish to receive handbills at a particular location in the future, it shall be unlawful for any person to distribute handbills which do not have printed on the cover of the handbill, front or back, the name, address and telephone number of the person who caused the handbill to be distributed.
(c) Distribution at residences.
(1) It shall be unlawful for any person to distribute any handbill at a residence, on the property or on the residential mailbox if requested not to do so by a person owning or occupying the residence through a telephone call or letter to the distributor as named therein pursuant to subsection (b) of this section.
(2) It shall be unlawful for any person to distribute any handbill at a residence, on the property or on the residential mailbox, if a sign is placed in a conspicuous position on the premises which reads "no trespassing," "no peddlers," "no advertisements," "no unsolicited newspapers" or any similar phrase, clearly indicating that the occupants of the premises do not desire to have their right of privacy disturbed or to have any such handbill left upon the premises.
(d) Exemption. This section shall not apply to the distribution of mail by the United States or to the distribution of any printed material pursuant to a subscription or with prior consent of a recipient.
(Code 1960, ﾧ 3-5)
Sec. 6-6. Pasting advertising matter on vehicle of another.
It shall be unlawful to paste, glue or affix to any vehicle parked upon any street or public place in the city any handbill, dodger or advertising notice without the consent of the owner of such vehicle.
(Code 1960, ﾧ 3-6)
Sec. 6-7. Obstruction of streets or sidewalks.
It shall be unlawful to conduct any advertising or publicity business or activities pertaining thereto in a manner that produces an assemblage of spectators and listeners and thereby obstructs or causes the obstruction of any street or sidewalk of the city. This restriction shall not apply to parades or advertising under the authority of a permit obtained as provided by ordinance.
(Code 1960, ﾧ 3-7)
Chapter 18: Animals
Article I: In General
Sec. 18-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means any and all types of animals, both domesticated and wild, male and female, singular and plural.
Animal control officer means the duly appointed officer of the city and his duly appointed or designated assistants authorized and empowered to supervise and enforce the animal control provisions of this chapter.
At large means off the premises of the owner or custodian of the animal or fowl, not securely confined by a chain or wire or in a kennel, cage or other enclosure or on a leash under the control of some person.
Dogs means all canines.
Fowl means any and all fowl and birds, domestic and wild, male and female, singular and plural.
Manager of the county animal services department means the officer of the county duly appointed by the board of county commissioners and his duly appointed or designated assistants authorized and empowered to supervise and enforce the animal control provisions of the county ordinance relating to the control and regulation of animals.
Owner means any person who owns or has custody of any animal or fowl or who is the agent or guardian of any person who owns or has custody of any animal or fowl or who harbors or keeps any animal or fowl for five or more consecutive days.
Stray animal means any animal at large whose owner is unknown.
Vicious animal or fowl means any animal or fowl which exhibits a vicious or ferocious nature by snapping at people, attacking, biting or attempting to bite people, scratching or harassing people or other animals without provocation.
Wild animals and fowl means animals or fowl which are normally found in wild or natural habitat.
(Code 1960, ﾧ 5-1)
Cross references: Definitions and rules of construction generally, ﾧ 1-2.
Sec. 18-2. Adoption of county regulations; violation; conflict.
(a) All provisions of Orange County Code chapter 5, article II, as amended, relating to the control and regulation of animals in the county shall be in full force and effect within the boundaries of the city, and such provisions, insofar as they are applicable to the area within the corporate limits of the city, are adopted by reference as part of this Code as fully as if set forth in full in this section.
(b) It shall be unlawful for any person to violate any provision regulating and controlling animals adopted by the board of county commissioners.
(c) If a conflict should arise between the application or enforcement of this chapter and the county provisions regulating animals adopted by reference in this section, the provisions of this chapter shall prevail.
Sec. 18-8. Vaccination against rabies and other contagious and infectious diseases; evidence of inoculation or certificate of good health; exceptions.
(a) On or before April 1 of each year, every owner or keeper of an animal, other than a dog or cat, shall cause such animal to be vaccinated against rabies and such other contagious or infectious diseases to which the animal may be susceptible.The vaccination shall be performed by a veterinarian licensed to practice in the state. If the animal is of a type not susceptible to rabies or other contagious or infectious diseases or if no vaccine exists to prevent such contagious or infectious diseases, the owner or keeper of such animal shall obtain, on or before April 1 of each year, a certificate signed by a veterinarian licensed to practice in the state that such animal is in good health and free of contagious and infectious diseases. The owner or keeper of an animal shall keep and produce, upon request of the animal control officer or a police officer, evidence of vaccination or a certificate of good health as provided in this section.
(b) Dogs and cats shall be vaccinated as required by the county ordinance adopted by reference in section 18-2.
(Code 1960, ﾧ 5-6)
State law references: Animal diseases, F.S. ﾧ 585.01 et seq.
Sec. 18-9. Impounding animals without vaccination or certificate of good health.
Any animal not vaccinated as required by section 18-8 or, if not susceptible to infectious or contagious diseases or if no vaccine exists for such diseases, any animal not having a current certificate of good health signed by a veterinarian licensed to practice in the state shall be subject to impounding and disposal in the same manner as unvaccinated dogs. The same fee and charges applicable to dogs shall likewise be applicable to other animals.
(Code 1960, ﾧ 5-7)
Sec. 18-10. Running at large--Generally.
No person owning or having in his custody any animal or fowl shall permit the animal or fowl to go at large within the corporate limits of the city to the injury or annoyance of other persons or their property.
Sec. 18-11. Same--Impounding.
The animal control officer shall take possession of an animal found at large and return the animal to the owner or custodian if possible or provide for the impounding of the animal in accordance with the provisions of the county regulating animals.
Sec. 18-14. Prohibited in certain parks, playground areas and streets and sidewalks.
(a) No person owning or having in his custody or control any animal shall permit the animal in the following parks or park areas:
Central Park: Animals are prohibited in all areas of Central Park. Dogs are prohibited on any street, right of way, or sidewalk adjacent to Central Park that is closed to vehicular traffic during any special event.
Mead Garden: Animals are prohibited in picnic areas, restrooms, amphitheater, garden club area, maintenance area, camellia garden or greenhouse area.
Ward Park: Animals are prohibited in playground areas, restrooms, ball fields, soccer/multipurpose fields, stadium.
Cady Way: Animals are prohibited in playground area, restrooms, picnic area, and on ball fields and courts.
Phelps Park: Animals are prohibited in playground area, restrooms, picnic area, tennis area, basketball area and athletic field.
Dinky Dock: Animals are prohibited in picnic area, restrooms, beach area, on docks, and in lake.
Lake Island Park: Animals are prohibited in picnic area, playground area, restrooms, ball fields, soccer fields, basketball courts, softball stadium, Civic Center grounds and in the lakes.
Howell Branch Park: Animals are prohibited in playground area, restrooms, picnic area, wetlands areas, and in stream.
Orwin Manor Park: Animals are prohibited in playground and picnic areas.
Farmers Market: Animals are prohibited in the building, food court, patio and stairway area. Dogs must be leashed and attended at all times.
Dogs must be leashed in all other areas of city parks. Leashes must not exceed 6' in length and must be held and in owners control at all times.
Fleet Peeples Park: Dogs are permitted to run off-leash only during posted hours and within the designated fenced area of the park. Dogs must be leashed while in the parking lot of the park. Dogs are not allowed within the picnic areas, shelters or restrooms.
(b) It shall be the responsibility of each person who has custody of or controls a dog in an allowed area to immediately remove all waste and to possess the means with which to collect and dispose of that waste in a sanitary manner. Failure to properly remove and dispose of the dog waste may result in a citation, fine, immediate removal from the park and or banning from the property. Violation of this section shall result in a $50.00 fine for first offense, $100.00 for second violation, and mandatory court appearance for additional violations.
(c) Animals employed by any governmental agency and those aiding impaired persons are exempted from this section.
(d) Ponies/horses and petting zoos are prohibited in all parks.
(e) Definitions:
(1) Picnic area: Animals are not permitted within 50 feet of picnic pavilions, picnic tables* and/or barbeque grills*.
(2) Playground area: Animals are not permitted within 50 feet of any playground apparatus*.
*Excluding Fleet Peeples Park
(Code 1960, ﾧ 5-11.1; Ord. No. 2665-06, ﾧ 1, 2-27-06)
Sec. 18-17. Noise; disturbances; destruction of property; chasing vehicles.
It shall be unlawful for any person to keep or harbor within the city any animal or fowl which:
(1) Barks, howls, screams, cries, crows or makes other noises by day or night which disturb the peace and quiet of any person or family;
(2) Habitually destroys or desecrates property of any person; or
(3) Habitually chases cars or other vehicles.
Article II: Dogs and Cats
Sec. 18-41. Registration of dogs.
It shall be unlawful for any person to own, keep, maintain or harbor any dog within the corporate limits of the city unless the dog has first been registered with the county tax collector or a veterinarian licensed to practice in the state. The registration fee or rate will be determined by the board of county commissioners.
(Code 1960, ﾧ 5-19)
Sec. 18-42. Dog licenses and tags; evidence of inoculation; tag.
(a) On or before April 1 of each year, every owner or keeper of a dog four months or older in the city shall obtain a license certificate and metal tag from the county tax collector.
(b) License fees shall be those charged by the county, as such shall from time to time be modified.
(Code 1960, ﾧ 5-20)
Sec. 18-43. License year.
The dog license year shall commence on January 1 of each year and end on December 31 of each year. Licenses shall be purchased from the county tax collector on or before April 1 of each year.
(Code 1960, ﾧ 5-21)
Sec. 18-44. Defecation or urination on property of others.
(a) It is unlawful for a dog or cat owner or keeper to permit a dog or cat, either willfully or negligently, to defecate or urinate upon:
(1) Public park, beach or school ground, other than in areas designated for that purpose; or
(2) Private property without the permission of the property owner.
(b) Where this section is violated, the owner or keeper shall remove any feces deposited by the dog or cat. Failure to do so immediately shall constitute an additional violation of this section.
(Code 1960, ﾧ 5-22)
Sec. 18-45. Prohibited in certain parks, playground areas and streets and sidewalks.
(a) Dogs and cats are prohibited in Central Park, Fleet Peeples Park and within the playground areas containing recreational facilities or equipment for children in Azalea Lane, Phelps Park, Ward Park and community playgrounds. Dogs and cats are allowed only in posted areas of Mead Gardens.
(b) Dogs and cats are prohibited in any street or right-of-way adjacent to Central Park which shall be closed to vehicular traffic or upon any sidewalk adjacent thereto during the three days of the Winter Park Sidewalk Art Festival.
(c) Animals employed by any governmental agency and those aiding sight-impaired persons are exempted from this section.
(Code 1960, ﾧ 5-23)
Submitted by Katie Ellis