§ 4-6. 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 means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner.

Animal means any domesticated animal or any captive wild animal, excluding alligators, crocodiles, panthers, bears, and mountain lions.

Animal control officer means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

Animal shelter means any facility, designated by the county, for the purpose of housing and caring for animals held by the authority of this article or state law.

At large means any animal, other than a dog, that is off of the premises of the owner while not under the supervision of the owner, or, in the case of dogs, when any dog is off of the premises of the owner while not under the direct control of the owner.

Attack means the act by any animal of approaching a domestic animal or a person in such a manner that hostile contact with the other animal or person occurs.

Baiting means to attack with violence, to provoke, or to harass an animal with one (1) or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, the term "baiting" means the use of live animals in the training of racing greyhounds.

Board means the Board of County Commissioners of Franklin County, Florida.

Citation means a written notice issued to a person by an animal control officer or designee, stating that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly-enacted ordinance and that the county court will hear the charge.

Code enforcement officer means any designated employee or agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the county or municipality, according to F.S. § 166.0415.

County health officer means the person designated by the Board pursuant to the definitions in F.S. ch. 154 and F.A.C. Ch. 64D-3.

Current rabies vaccination means a rabies vaccination administered by a licensed veterinarian which is valid for not less than one (1) year and not more than three (3) years.

Dangerous animal means an animal that has, when unprovoked:

(1)

Bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; or

(2)

Has more than once severely injured or killed a domestic animal while off the owner's property; provided that such actions as set forth and described in subsections (1) and (2) of this definition are attested to in a sworn statement by one (1) or more persons and dutifully investigated by the appropriate authority.

Dangerous dogs means any domestic dog, Canis familiars, and any genetic hybridization thereof, whether alone or in member of a pack, that according to the records of the appropriate authority has:

(1)

Aggressively bitten, attacked or endangered, or has inflicted severe injury on a human being on public or private property;

(2)

Has more than once severely injured or killed a domestic animal while off the owner's property;

(3)

Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion, or an apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.

A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who at the time, was unlawfully on the property or while lawfully on the property was tormenting, abusing or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

Direct control means immediate, continuous physical control of a dog at all times such as by means of a leash, cord, or chain of such strength to humanely restrain the dog, and controlled by a person capable of restraining the dog, or humane safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control only when the dog is actually participating in training or in official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs.

Director of animal control means the person designated by the board to enforce this article as Director of Franklin County Animal Control.

Division of animal control means the agency designated by the board to enforce the ordinances and laws pertaining to animal control and cruelty.

Domestic animal means any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emus, rhea, or other domesticated beast or bird.

Exotic animals means any animal not identified in the definition of "animal" provided in this part that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. This term specifically includes animals such as, but not limited to, lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, and water buffalo, and species of foreign domestic cattle, such as Ankole, gayal, and yak.

Exposure to rabies means any person or domestic or captive wild animal which has been bitten by or otherwise exposed to the saliva, brain tissue, or body fluids of a rabid animal or of an animal suspected to be rabid due to its apparent ill health, or which is of a species commonly recognized to be a carrier of rabies, such as, but not limited to, raccoons, foxes, bats, skunks, and bobcats.

Feral animal means any wild dog or cat, whether it was born in the wild or has reverted to a wild state due to abandonment or lack of domestication.

Fighting means any fighting between roosters or other birds, or between dogs, bears, or other animals.

Horse means any animal of any registered breed of the genus Equus, or any recognized hybrid thereof

Humane or humanely means marked by compassion, sympathy, or consideration for animals.

Impoundment means the taking up and confining of an animal by the division of animal control in a manner consistent with professionally recognized standards of humane treatment.

Kennel means any site used for the owning, breeding or boarding of six (6) or more dogs, cats, or combination thereof, of six (6) months or older, for a commercial purpose.

Livestock means grazing animals, such as cattle, horse, sheep, swine, goats, other hoofed animals, ostriches, emus, and rheas which are raised for private use or commercial purposes.

Neutered or spayed means rendered permanently incapable of reproduction or permanently incapable of reproduction because of physiological sterility, but only where the neutered or spayed condition has been certified by a veterinarian licensed in any state.

Owner.

(1)

The term "owner" means any person or corporation owning, harboring or keeping any animal, or in the case of a person under the age of eighteen (18) years of age, that person's parent or legal guardian. The term "owner" includes, but is not limited to, a custodian, or other person in charge of an animal

(2)

The term "owner" does not apply to any veterinary clinic or boarding kennel.

Person means any individual, firm, corporation, partnership, organization, or association.

Potential rabies carriers means any species commonly recognized to be a carrier of rabies, such as, but not limited to raccoons, foxes, bats, bobcats, and skunks.

Proper enclosure of a dangerous dog means, while on the owner's property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements

Public nuisance means any animal which damages property, chases vehicles or molests passersby; or, any animal, which soils, defiles, or defecates on public or private property, other than the property of the owner unless the owner immediately removes and properly disposes it; or any animal which causes unsanitary or dangerous conditions to exist; or any feral animal. The term "public nuisance" includes any dog causing aggravation or misery by continuously barking, howling or otherwise disturbing the peace.

Severe injury means any physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery.

Shelter means provision of access to a three-dimensional structure having a roof, walls and a floor, which is dry, sanitary, clean, weatherproof and made of durable material. At a minimum, the structure must be:

(1)

Sufficient in size to allow each sheltered animal to stand up, turn around, lie down and stretch comfortably;

(2)

Designed to protect the animal from adverse effects of the weather and provides access to shade from direct sunlight and regress from exposure to inclement weather conditions;

(3)

Free of standing water and accumulated wastewater and debris. Structures with wire, grid or slat floors which permit the animal's feet to pass through the openings, sag under the animal's weight or which otherwise do not protect the animal's feet or toes from injury are prohibited except for birds where perches are provided.

Tethering means a rope, leash, pulley run or other means of constraint which must be attached to the animal by a properly applied collar, halter or harness and configured where as to protect the animal from injury and prevent entanglement with other objects and/or animals.

Unprovoked means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.

Veterinarian means a person who is licensed to engage in the practice of veterinary medicine as provided for in F.S. ch. 474.

Veterinary hospital or clinic means any place or facility owned or operated by a licensed veterinarian and used for the practice of veterinary medicine in the diagnosis, treatment, and care of diseases of and injuries to animals, or used for the boarding of animals during such diagnosis, treatment, or care, or used for the temporary boarding of animals belonging to the veterinarian clients.

(Ord. No. 2017-07, § 3, 5-2-17)