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Ordinance 004-1973 ORDINANCE NO. 4-1973 AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA; CONTAINING DEFINITIONS; PROHIBITING ANIMALS IN PUBLIC PARKS AND BEACHES, MAKING IT UNLAWFUL FOR OWNERS OR PERSONS HAVING CUSTODY OF ANIMALS TO PERMIT ANI- MALS TO COMMIT ANY NUISANCE OR RUNNING AT LARGE; REQUIRING V ACCINA TION AGAINST RABIES AND LICENSE TAGS; PROVIDING FOR DURATION AND COSTS OF LICENSE TAGS; PROVIDING FOR IMPOUNDING WITHOUT LICENSE, RE- DEEMING BY OWNER AND DISPOSITION OF UNREDEEMED ANIMALS; PROVIDING FOR IMPOUNDING OF DOGS AND OTHER ANIMALS SUSPECTED OF HAVING RABIES AND THE REPORT- ING OF ANIMAL BITES; EXEMPTING RACING GREYHOUNDS AND OTHER ANIMALS FROM VACCINATION AND LICENSING PROVISION OF THIS ORDINANCE; AUTHORIZING ENFORCE- MENT OF THIS ORDINANCE; LIMITING NUMBER OF DOGS AND CA TS ON ONE PREMISE, EXCEPT IN DULY LICENSED KEN- NELs; PROVIDING FOR PROSECUTION OF VIOLATIONS OF THIS ORDINANCE; REPEALING ALL SPECIAL LAWS, ORDINANCES, RESOLUTIONS, RULES AND REGULATIONS IN CONFLICT HERE- WITH TO THE EXTENT OF SAID CONFLICT; AND PROVIDING WHEN THIS ORDINANCE TAKES EFFECT. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Definitions. As used in this article, unless the context otherwise indicates: (1) Animals shall be defined to include male and female domestic animals and any domesticated wild animals. (2) Owner shall be defined to include any person, persons, firms, corporations or associations owning, harboring, keeping or controlling a dog or dogs within the county, dome stic animals and domesticated wild animals. (3) Dog, domestic animal and domesticated wild animal shall include both male and female. (4) At large shall be defined to mean off the premises of the owner, and not under the control, custody, charge or possession of the owner, or other responsible person, either by leash, cord, or chain. Section 2. Prohibited in parks and on beaches. No person owning or having charge, care, custody or control of any animal shall cause, permit or allow the animal into or upon any public park or beach in the county; pro- vided, however, this provision shall not apply to parkways, wayside parks, or other park areas in which animals are specifically authorized. -2- Section 3. Permitting animals to commit nuisance. It shall be unlawful for the owner or person having custody of any animal to permit, either willfully or through failure to exercise due care or control, any such animal to commit any nuisance upon the sidewalk of any public street; or upon the floor of any common hall in any apartment house, tenement house, hotel or other multiple dwelling; or upon any entranceway, stairway or wall immediately abutting on a public sidewalk, or upon the floor of any theatre, shop, store, office build- ing or other building used in common by the public. Section 4. Running at large. No person owning or having possession, charge, custody, or control of any animal shall cause or permit or allow the animal to stray, run, be, go or in any other manner to be at large in or upon any public street, sidewalk or park or on private property of others without the express or implied consent of the owner of such private property. Section 5. Vaccination against rabies. Every person who owns and harbors any dog over the age of four months in the county shall have such dog vaccinated against rabies by a licensed veterinarian of his choice. Evidence of vaccination shall consist of a certificate signed by the licensed veterinarian administering the vaccine. The certificate in triplicate shall show the date and type of vaccination, the name and address of the owner, the year and serial number of the dog tag, the breed, age, color and sex and other pertinent data for proper identification of the dog. One copy of the certificate shall be given to the owner, one filed with the County Tax Collector and one retained by the veterinarian administering the vaccine. However, no dog need be vac- cinated for rabies where: ( 1) A licensed veterinarian has examined the dog and certified that at such time vaccination would endanger the dog's health because of its age, infirmity, debility, or other physiological consideration; and (2) Such certificate is presented to the enforcing agency within five days of such examination; such certificate shall not be valid for more than twelve months from date of issuance. P. • • -3- Section 6. License tags required for all dogs; conditions for issuance of tags. Every person owning, keeping or harboring any dogs within Monroe County, Florida, or bringing any dog into this county shall, within thirty days, obtain a license tag from the County Tax Collector which shall be worn by the dog at all times. The County Tax Collector shall require, as a prerequisite to the issuance of a license tag of any dog, satisfactory proof that such dog has been inoculated against rabies within three months immediately prior to the application. The certificate of a veterinarian, licensed to practice veter- inary medicine and surgery in the United States, shall be accepted as con- clusive evidence as to the fact and time of such inoculation, or a certificate of a qualified veterinarian certifying that inoculation for rabies would en- danger the health of the particular dog, as provided by Section 5 of this Or- dinance may be accepted. Section 7. Duration and cost of license tags for dogs. (1) The license tags for dogs required herein shall be issued for each year beginning June 1, 1973, and ending May 31, upon payment of the proper fee. Licenses may be issued for one year or two years upon payment of the proper fee as shown in Subsection (2) and receipt of a certificate from a qualified veterinarian that the dog has been inoculated against rabies for the period elapsing from the date of vaccination to the expiration date of the license. Each tag shall have a number and shall show the expiration date. (2) The license tags for dogs herein required shall be issued after payment of $2. 00 for a one year license or $3. 00 for a two year license. However, the license fee for an unspayed female dog shall be $3. 00 for a one year license or $4. 00 for a two year license. If the license is not secured within 60 days after the dog first becomes subject to the licensing pro- visions of this Ordinance or within 60 days after the expira- tion date of the prior licensing period, a penalty fee of $1. 00 shall be added to the cost of the license. The fee for any license issued to the owner of a dog or dogs first becoming subject to the licensing provisions of this Ordinance after November 30, of any year shall be one-half the full fee for the year, and the fee for the subsequent year shall be the full one-year fee if a two year license is secured. If a tag is lost or damaged, the owner may secure a duplicate by presenting a copy of the certificate of vaccination to the County Tax -4- Collector and payment of a fee of $1. 00. Effective June 1, 1973, the licensing fee for a sterilized dog may be waived for two years only provided the owner presents a certifica- tion of spaying or sterilization for the dog. Section 8. Responsibility of owner for vaccination and tags. Failure to secure rabies vaccination and tags as required shall be a violation by the owner of the dog. Section 9. Impounding; redeeming by owner; disposition of unredeemed dogs. Any dog found without a current tag, or any animal found in violation of Sections 2, 3, and 4 may be caught by an authorized County employee or an authorized employee of the Humane Society authorized by the County or anyone acting under its direction, and imprisoned and impounded at a place maintained or designated for that purpose. After a period of confinement of five days, those animals not claimed may be disposed of through approved humane agencies, or otherwise in a humane manner. Animals shall be re- leased to owners on presentation of proof of ownership and after proper inocu- lation, licensing, and payment of impounding fees. Section 10. Dogs or other animals suspected of having rabies. Any dog or other animal suspected of having rabies or any dog or other animal having bitten any person shall be impounded at the owner1s expense at a place designated by the Monroe County Health Officer for that purpose, or placed in custody of a licensed veterinarian for ten days. Any licensed and vaccinated dog or other animal having bitten any person may, at the discretion of the County Health Officer or his representative, be impounded and quarantined at the owner's home for ten days. Section 11. Report of animal bites. It shall be the duty of every attend- ing practitioner, licensed to practice medicine, osteopathic medicine, veter- inary medicine or any other person knowing of or in attendance on a case to promptly report to the Monroe County Health Department every instance in which a person is bitten by a dog or other animal. Any dog or other animal -5- reported to have bitten a person shall be captured alive, if possible, and shall be quarantined, at a place designated for that purpose, under observa- tion for a period of ten days. If the dog or other animal is killed or if it die s during the quarantine period, the head must be detached without mutila- tion and submitted to the local state Board of Health laboratory without delay. Section 12. Racing greyhounds, and others, exempt. The vaccination and licensing provisions of this article shall not apply to greyhounds kept, maintained or brought into the county for the purpose of racing at licensed greyhound tracks, or to dogs used as part of entertainment acts when properly controlled, or when dogs remain in the county for a period of less than thirty da y s. Section 13. Enforcement. Employees of the County and any Humane Society employees shall have the right to enter upon any public or private property in Monroe County, except a building designated for and used for residential purposes, for the purpose of examining or capturing any dog thereon or therein. Section 14. No person, firm, partnership, corporation, or other entity may keep more than four (4) dogs or four (4) cats on any premises without operating a duly licensed kennel or pet shop. Section 15. Any person, partnership, firm, corporation, and/or other entity violating any of the provisions of this Ordinance, shall be prosecuted in accordance with the provisions of Chapter 125.69, Florida Statutes, 1971, or any re-enactment thereof. Section 16. This Ordinance shall take effect, only in the unincorporated areas of Monroe County, Florida, and in any park or beach owned by Monroe County located in any municipality located in said County, upon receipt of the official acknowledgment from the Department of State acknowledging receipt of certified copy of this Ordinance and that said Ordinance has been filed in said office. ---"- ~ ~ttr:ctal1! af ~tat:c STATE OF FLORIDA THE CAPITOL TALLAHASSEE 3Z304 (Sl041 488-3918 RIClIARD (DICK) STONE SECRETARY OF STATE April 27, 1973 Honorable Earl R. Adams Clerk, Board of County Commissioners Monroe County Courthouse Key West, Florida Dear Mr. Adams: Pursuant to the provIsIOns of Section 125.66, Florida Statutes, this will acknowledge your letter of April 26 and certified copies of Monroe County Ordinances Nos. 73-3 and 73-4, which were filed in this office on April 27, 1973. , Kindest regards. -~----. Cordially, RICHARD (DICK) STONE Secretary of State By )Lt0v--'-J- ~L (Mrs. ) Nancy {avanaugh Chief, Bureau of Laws . NK/eh .... ..< 'NA'- ' /- r w • • • • PROOF OF PUBLICATION The lrj vi rat (tlttizen Published Daily Key West, Monroe County, Florida NOTICE OF INTENTION STATE OF FLORIDA CJ COUNTY ORDINANCE COUNTY OF MONROE Sss. 7- NOTICE IS HEREBY GIVEN TO WHOM William L. Gibb MAY CONCERN that on Tuesday,April Before the undersiEned authority personally appeared ----_ A.D. 1973, at 2:00 p.m. in the Monroe unty Courthouse, Key West, Florida,the Who on oath says that he is yard of County Commissioners of Monroe unty, Florida intends to consider the Adve rt is ing Manage r of The Key West Citizen, option of the following County Ordinance: ORDINANCE NO. -1973 a daily newspaper published at Key West in Monroe County, Florida; that the attached copy J ORDINANCE RELATING TO MONROE of advertisement, being a Notice of Intent ion to consider )LINTY, S;FLORIDA;OHIINGCONTAININGMLS adoption of County Ordinance EFINITIONS; PROHIBITING ANIMALS I PUBLIC PARKS AND' BEACHES, AKING IT UNLAWFUL FOR OWNERS R PERSONS HAVING CUSTODY OF An ordinance re lat to Monroe County, NIMALS TO PERMIT ANIMALS TO in the matter of ing DMMIT ANY NUISANCE OR RUNNING Florida T LARGE; REQUIRING VACCINATION GAINST RABIES AND LICENSE TAGS; ROVIDING FOR DURATION AND COSTS F LICENSE TAGS; PROVIDING FOR EPOUNDING WITHOUT LICENSE, EDEEMING BY OWNER AND ilSPOSITION OF UNREDEEMED ,NIMALS; PROVIDING FOR IM- 'OUNDING OF DOGS AND OTHER ,NIMALS SUSPECTED OF HAVING :ABIES AND THE REPORTING OF ,NIMAL BITES; EXEMPTING RACING ;REYHOUNDS AND OTHER ANIMALS =ROM VACCINATION AND LICENSING 'ROVISION OF THIS ORDINANCE; \UTHORIZING ENFORCEMENT OF THIS )RDINANCE; LIMITING NUMBER OF )OGS AND CATS ON ONE PREMISE, =XCEPT IN DULY LICENSED KENNELS; 2ROVIDING FOR PROSECUTION OF VIOLATIONS OF THIS ORDINANCE; 2EPEALING ALL SPECIAL LAWS, OR- DINANCES,RESOLUTIONS,RULES ANU REGULATIONS IN CONFLICT HEREWITH TO THE EXTENT OF SAID CONFLICT; AND PROVIDING WHEN THIS ORDINANCE TAKES EFFECT. LEGAL NOTICE z'e DATED at Key west,Florida this 2nd day of was published in said newspaper in the issues of April 4t h s A.D. 1973 April, 1973. EARL R.ADAMS Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board dr County Commissioners Of Monroe County, Florida. Affiant further says that the said The Key West Citizen is a newspaper published at (SEAL) • Key West, in said Monroe County, Florida, and that the said newspaper has heretofore April°" 1973 been continuously published in said Monroe County, Florida,each day(execpt Saturdays) and has been entered as second class mail matter at the post office in Key West, in said Monroe County, Florida,for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,firm or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. drlee (SEAL) • Sworn to and subscribed bef a me this• __.-� 73 day of , 4. D. 19 • ,f C7X. NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMIS`�ION kXFutES S T. B, 1975 GENERAL INSURANCE UNDERWRITERS,INC.