§ 1-4-25. Definitions.

As used in this article the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise:

(a)

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.

(b)

Animal shall have the meaning as found in Florida Statutes section 828.27, as amended from time to time.

(c)

Animal control director means the director of the county animal control department who is authorized to administer and enforce the provisions of this article.

(d)

Animal control officer shall have the meaning as found in Florida Statutes section 828.27, as amended.

(e)

At large means off the premises of the owner and not under custody, charge or possession of the owner, keeper, or harborer either by a leash, cord, or chain. A police dog or police horse, as defined in section 843.19, Florida Statutes, while in use by a law enforcement agency, shall not be deemed to be at large.

(f)

Board means the Board of County Commissioners of Charlotte County, FL.

(g)

Cat means the small domesticated carnivore Felis domestica or Felis catus ; such definition as used herein shall not include feral cats.

(h)

Citation shall have the meaning as found in Florida Statutes section 828.27, as amended from time to time, with added language, designated as subsection (12), as follows:

"(12)

The citation shall have a designating number starting with AC and having five (5) numerals, i.e., AC-12345."

(i)

County health officer means the county health unit director or his designee.

(j)

Cruelty shall have the meaning as found in Florida Statutes section 828.27, as amended from time to time.

(k)

Designee means any person designated by the animal control director to act on behalf of such director.

(l)

Direct control means immediate and continuous physical control of an animal at all times such as by means of a fence, leash, cord or chain of sufficient strength to restrain the same.

(m)

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

(n)

Feral is an undomesticated feline born in the wild and descended from domesticated pet felines which returned to the wild, was lost or abandoned. Ferals are distinguished from other at large felines in that they are no longer domestic animals and are not owned by any persons. An at large feline shall not be considered feral if any of the following conditions are met:

(1)

The feline has a tattoo, radio frequency identification chip, collar, or other indication of current or prior ownership.

(2)

The feline has been declawed.

(3)

The feline has clipped nails, or has other grooming characteristics which are an indication of domestication.

(4)

The feline has been neutered or spayed, but does not have a notched ear indicative of a trap neuter and release program.

(5)

During any holding period the feline presents social tendencies which signify the potential for domestication.

(o)

Keeper, harborer, or owner shall mean any person that owns, possesses, has custody, controls, gives shelter, feeds, confines, boards, keeps, houses, is in charge of, or tends any animal.

(p)

License certificate means a county license certificate issued pursuant to this article.

(q)

License tag means a county license tag issued pursuant to this article.

(r)

Licensed veterinarian means any person who is licensed to engage in the practice of veterinary medicine in Florida under the authority of Chapter 474, Florida Statutes.

(s)

Livestock means all animals of the equine, bovine, or swine class including goats, sheep, mules, horses, hogs, cattle, ostriches, and other grazing animals.

(t)

Livestock owner means any person, association, firm, or corporation, natural or artificial, owning or having custody of or in charge of livestock.

(u)

Officer means any law enforcement officer defined in section 943.10, Florida Statutes, any veterinarian defined in section 474.201, Florida Statutes, or any animal control officer.

(v)

Official certificate of veterinary inspection means a legible certificate of veterinary inspection signed by an examining state-licensed veterinarian pursuant to Florida Statute 828.29(3)(b).

(w)

Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the board the violation of which is a civil infraction.

(x)

Person means any person, firm, corporation, partnership, association, trust, estate, or other legal entity or business unit.

(y)

Public nuisance animal means any animal that unreasonably annoys human beings, endangers the life or health of other animals or persons, or substantially interferes with the rights of persons other than their owners to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:

(1)

Is repeatedly found at large;

(2)

Damages the property of anyone other than its owner;

(3)

Chases vehicles;

(4)

Makes excessive disturbing noises, including but not limited to continued or repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to the neighbors or to others in close proximity to the premises where the animal is kept or harbored;

(5)

Is offensive or dangerous to the public health, safety or welfare by virtue of the number or types of animals kept or harbored; or

(6)

Attacks other animals.

(z)

Secure enclosure means:

(1)

A building such as the owner's dwelling; or

(2)

A kennel which measures a minimum of four (4) feet by eight (8) feet, which does not share common fencing with the perimeter of the premises, and which consists of a top and sides made from at least eleven (11) gauge chain link wire and secured to a concrete floor by embedding the wire in the concrete or by using galvanized or steel pipe and ties.

(aa)

Shelter means a structure with three (3) sides, a roof and a floor which protects the animals from conditions such as rain, sun, and other weather elements.

(bb)

Tethering shall mean to restrain an animal by tying the animal to any stationary object or structure, including without limitation a house, tree, fence, post, garage, car, or shed, by any means including without limitation a chain, rope, cord, leash, running line, or other binding material. Tethering shall not include using a leash to walk an animal.

(Ord. No. 98-070, § 3, 12-1-98; Ord. No. 2006-062, § 1, 6-27-06; Ord. No. 2012-023, § 1, 6-12-12)