Chapter 4 ANIMALS AND FOWL

ARTICLE I. IN GENERAL

Sec. 4‑1. Definitions.

 As used in this chapter:

Animal means any living dumb creature capable of self -locomotion.

Animal control officer means the person or persons appointed by, contracted with or employed by the Board of County Commissioners of Brevard County, Florida to carry out the duties and enforcement of the Brevard County animal control code provisions set forth in Article II., Chapter 14, Brevard County code of ordinances.

At large means when an animal is off of the premises of the owner and not under the actual control, custody, charge or possession of the owner or other responsible person either by leash, cord or chain. A dog while in use by a law enforcement officer or agency is exempt from this definition.

Citation means a form used by county animal control officer or town police officers for citing owners of animals or businesses in violation of this chapter.

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

Owner means any person who owns, keeps, harbors or controls an animal.

(Code 1962, 3‑1; Ord. No. 275, 2, 12‑4‑79; Ord. No. 81‑288, 1, 1‑20‑81; Ord. No. 12-01, 1, 11-21-11)

Sec. 4‑2. Penalties.

 (a) Generally. Any person violating or deemed in violation of any of the provisions of the chapter, shall be guilty of  and subject to the penalties as provided in section 1-9 of this code.

(b) Additional penalties for violation of section 4‑21.

 (1)         In addition to the penalties stated in 4‑2(a) any law enforcement officer, parking enforcement specialist, or animal control officer shall have the power to issue a citation for violation of section 4‑21. Such citation shall state the date, time, and place of the issuance of the citation, the name and address of the person in violation, the date of the offense, the offense committed, a description of the animal involved, the amount of the fine, directions as to payment of the penalty or request for a hearing, statement as to the effect of the election to request a hearing rather than pay the fine listed on the citation, the name and signature of issuing officer, and the name and signature of person receiving the citation.

(2)         A violator may pay the fine as provided for hereinbelow in subsection (3) and waive his right to a hearing and enforcement by a county court judge.

(3)         Penalties imposed for the violation of section 4-21, shall be:

a.            Five dollars ($5.00) per incident, if paid to the finance director of the town within ten (10) days of issuance of the citation.

b.            Fifteen dollars ($15.00) per incident if paid to the finance director of the town more than ten (10) days but within twenty (20) days of issuance of the citation.

(4)         If the fine outlined in subsection (3) is not paid within the twenty (20) day period outlined therein, the clerk shall cause the violator listed on the citation to be served with a court summons requiring payment or attendance at a hearing at a time and place specified on such summons in accordance with Florida Rules of Criminal Procedure. A county judge, after a hearing, shall make a determination as to whether a littering violation has been committed and may impose a sentence not to exceed that authorized by Indialantic Code section 4‑2(a), as amended from time to time.

(5)         Nonpayment of the penalty within such twenty (20) day period shall be prima facie evidence of the violator’s election to waive the right to pay the fine imposed in section (b)(3)a. or b.

(6)         A hearing may be requested by the person receiving such citation for the purpose of presenting evidence before a county judge concerning a violation of section 4‑21. The cited person must request a hearing within twenty (20) days of the issuance of such citation by informing the clerk of the County Court of Brevard (criminal division) of such intention. Any person requesting a hearing who does not appear in accordance with such request, shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with this section.

(7)         An election to request a hearing constitutes a waiver of the right to pay the fine indicated on the citation, and a county judge, after a hearing, may impose a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for not more than sixty (60) days, or by both fine and imprisonment. (Code 1962, 3-78; Ord. No. 275, 2, 12‑4‑79; Ord. No. 86‑7, 2, 4‑15‑86; Ord. No. 12-01, 2, 11-21-11)

Sec. 4‑3. Repealed.

 (Code 1962, 3‑80; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 3, 11-21-11)

Sec. 4‑3.5.  County animal control regulations in force; Authority of code enforcement board.

(a)            Brevard County has adopted article II., sections 14-36 through 14-85, Brevard County code of ordinances, relating to animal control.  Those provisions are enforceable in the town pursuant to section 14-40 of the Brevard County code of ordinances.  Based on the county code provisions, the county and county animal control officers have the responsibility for animal control within the Town, except to the extent provided by the town code.

(b)  For purposes of authority of the town’s code enforcement board to enforce county code provisions relating to animal control, the town hereby adopts article II., sections 14-36 through 14-85, Brevard County code of ordinances, all as amended from time to time by the board of county commissioners. The authority of the town’s code enforcement board shall be supplemental to the county code enforcement board, animal control officers, and other authorities to enforce the foregoing county code provisions.

(Ord. 12-01, 4, 11-21-11)

Sec. 4‑4. Repealed.

(Code 1962, 3‑76; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 5, 11-21-11)

Sec. 4‑5. Interfering with enforcement; releasing impounded animals.

Town police officers are authorized to enforce this chapter and to assist animal control officers in the enforcement of article II., section 14-36 through 14-85, Brevard County code of ordinances.  Any person who shall in any manner interfere with, hinder, resist, obstruct, or molest a town police officer in the performance of said police officer’s duty under this chapter, or without the authority of a court having jurisdiction to try violations of this chapter shall be in violation of section 1-9 or 4-2 as applicable. (Code 1962, 3‑31; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 6, 11-21-11)

Sec. 4‑6. Complaints for violations.

 (a) Upon a receipt of a petition, signed by one (1) or more residents of the Town of Indialantic in the vicinity of the alleged violation, or in the case of a public beach or public park any resident of the town may so complain, made under oath before an individual authorized by law to take acknowledgments, setting forth the nature of and the date of the act, the owner of the animal, the address of the owner and a description of the animal committing such action, an animal control officer, or town police officer shall investigate the complaint to determine whether there is probable cause to believe a violation of this chapter has occurred. In the event the animal control officer, or police officer, concludes that such probable cause does exist, the animal control officer, or police officer shall enforce this chapter.

(b) Any violation of this chapter personally witnessed by an animal control officer or police officer shall be sufficient cause for a citation to be issued to the owner or person in possession or control of such animal. (Code 1962, 3‑43; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 7, 11-21-11)

Sec. 4‑7. Repealed.

Enforcement procedure.

(Code 1962, 3‑45; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 8, 11-21-11)

Sec. 4‑8. Repealed.

(Code 1962, 3‑45; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 9, 11-21-11 )

Sec. 4‑9. Repealed.

(Code 1962, 3‑48; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 10, 11-21-11)

Sec. 4‑10. Repealed.

(Code 1962, 3‑49; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 11, 11-21-11)

Sec. 4‑ 11. Repealed.

(Code 1962, 3‑50; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 12, 11-21-11)

Sec. 4‑12. Repealed.

(Code 1962, 3‑56; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 13, 11-21-11)

Sec. 4‑13. Repealed.

(Code 1962,  3‑57; Ord. No. 275,  2, 12‑4‑79; Ord. No. 12-01, 14, 11-21-11 )

Sec. 4‑14. Repealed.

(Code 1962, 3‑58; Ord. No. 275, 2, 12-4-79; Ord. No. 12-01, 15, 11-21-11  )

Sec. 4‑15. Repealed.

(Code 1962, 3‑59; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 16, 11-21-11)

Sec. 4‑16. Repealed.

(Code 1962, 3‑60; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 17, 11-21-11)

Sec. 4‑17. Repealed.

Vicious animals.

 (Code 1962, 3‑52; Ord. No. 275, 2, 12‑4‑79; Ord. No. 81‑288, 2, 1‑20‑81; Ord. No. 83‑322, 1, 1‑18‑83; Ord. No. 12-01, 18, 11-21-11 )

Sec. 4‑18. Running at large prohibited.

 (a) Prohibited. No animal, whether licensed or unlicensed, shall be at large. Any animal found at large, as defined in section 4‑1, shall be deemed to be committing an act in violation of this chapter. Any person who owns, keeps, or harbors any animal found at large shall be guilty of a misdemeanor and punished as provided for in section 4‑2.

(b) Impounding. Any animal found at large by an animal control officer or town police officer shall be impounded by such officer.

(c) Trapping stray cats. Any property owner may procure from animal control a cat trap to set out on his property in order to trap at large cats. Any cat trapped while at large shall be turned over to the county pound. (Code 1962, 3‑24; Ord. No. 275, 2, 12‑4‑79)

Sec. 4‑19. Creating and abating nuisances.

 (a)  Any person or business that owns, keeps or harbors any animal which is found to have done any of the following acts shall be deemed in violation of this section and shall be guilty of a violation of a municipal ordinance.  A violator may be punished as provided in section 1-9 of this code or pursuant to code enforcement procedures set forth in section 2-5.

(b) The following are the offenses that are deemed to constitute a nuisance:

(1)      Any animal that is at large as defined in this chapter;

(2)      Any animal that chases or runs after persons or vehicles;

(3)      Any animal that destroys or damages property of any person;

(4)      Any animal that causes serious annoyance to a neighboring person and interferes with the reasonable use and enjoyment of such person’s property such as, but not at all limited to, any animal which barks, or whines, or howls, or causes other objectionable noise or disturbance between the hours of 10:00 p.m. and 7:00 a.m., or which barks or whines or howls or causes other objectionable noise at any time for a continuous period of five (5) consecutive minutes or more.

(c)   If any law enforcement officer or code enforcement officer shall find that any provision of this section has been violated, said officer shall notify the property owner or occupants of the property of such violation in writing and direct that the nuisance be abated.  For subsequent violations, a law enforcement officer or code enforcement officer may initiate lawful proceedings, including proceedings pursuant to sections 1-9 or 2-5 of this code.

(Code 1962, 3‑25; Ord. No. 275, 2, 12‑4‑79; Ord. No. 02-15, 1, 6-18-02)

Sec. 4‑20. Repealed.

(Code 1962, 3‑26; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 19, 11-21-11 )

Sec. 4‑21. Prohibited in parks and on beaches; exception.

 No domestic animal shall enter into or on any public park or beach in the town unless the town council, in its discretion, by resolution designates a beach or park area where domestic animals shall be permitted. Parks and beach areas so designated will be properly identified and posted. Any domestic animal found in a park or on a beach not designated for such animals shall be deemed to be committing an act in violation of this chapter and the owner thereof shall be punished as provided for in section 4‑2. This section shall not prohibit dogs trained to assist or aid disabled or handicapped persons when such dogs are actually being used to assist or aid such person in any park or beach. A disabled person, as defined under the federal Americans with Disabilities Act, public law no. 101-336, 42 USC s. 12101 et seq., shall have the right to be accompanied into or on any public beach or park by a service animal without violating this section.(Code 1962, 3‑27; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 20, 11-21-11)

Sec. 4‑22. Repealed.

(Code 1962, 3‑30; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 21, 11-21-11)

State law reference‑‑Cruelty to animals generally, F.S. Ch. 828.

Sec. 4‑23. Molesting birds.

 (a) The entire area embraced within the corporate limits of the town is hereby designated as a bird sanctuary.

(b) It shall be unlawful to trap, injure, kill or molest in any manner any bird or wild fowl, or to rob their nests; provided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property as determined by the town council, then said birds may be destroyed in such numbers and in such manner as may be designated by the town council under the supervision of the chief of police; provided, however that nothing herein is intended to regulate any matters specifically preempted by 790.33, Florida Statutes. (Code 1962, 20‑52; Ord. No. 11-18, 4, 10-18-11; Ord. No. 12-01, 22, 11-21-11 )

Sec. 4‑24. Repealed.

(Code 1962, 3‑66; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 23, 11-21-11)

Sec. 4‑25. Livestock and fowl; prohibited; penalty.

 (a) The owning, keeping, or having, within the town limits, of any livestock, as defined in section 4‑1, is prohibited.

(b) The owning, keeping, or having, within the town limits, of any chickens, turkeys, ducks, geese, or any other fowl, is prohibited. The owning, keeping, or having, within the town limits, of any parakeets, canaries or tropical birds, indoors, is permitted. This section is in no way intended to modify section 4‑23.

(c) Violations of this section shall be punishable in accordance with section 4‑2, Indialantic Code of Ordinances. (Ord. No. 82‑308, 1, 6‑15‑82)

Sec. 4‑26.  Editor’s note – Ord. 08-09 providing for dog-friendly dining contained a sunset provision and expired on September 30, 2010.

4-27—4-34. Reserved.

ARTICLE II. DOGS AND CATS

Sec. 4‑35. Repealed.

(Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 24, 11-21-11)

Sec. 4‑36. Repealed.

(Code 1962, 3‑8; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 25, 11-21-11)

Sec. 4‑37. Repealed.

(Code 1962, 3‑9; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 26, 11-21-11 )

Sec. 4‑38. Repealed.

(Ord. No. 275, 2, 12‑4‑79;Ord. No. 12-01, 27, 11-21-11  )

Sec. 4‑39. Repealed.

(Code 1962, 3‑11; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 28, 11-21-11)

Sec. 4‑40. Repealed.

(Code 1962, 3‑12; Ord. No. 275, 2, 12‑4‑79;  Ord. No. 12-01, 29, 11-21-11)

Sec. 4‑41. Repealed.

(Code 1962, 3‑13; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 30, 11-21-11 )

Sec. 4‑42. Repealed.

(Code 1962, 3‑77; Ord. No. 275, 2,12‑4‑79;  Ord. No. 12-01, 31, 11-21-11)

Sec. 4‑43. Repealed.

(Code 1962, 3‑15; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 32, 11-21-11 )

Sec. 4‑44. Repealed.

(Code 1962, 3‑28; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 33, 11-21-11 )

Sec. 4‑45. Repealed.

(Code 1962, 3‑17; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 34, 11-21-11)

Sec. 4‑46. Repealed.

(Code 1962, 3‑18; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 35, 11-21-11 )

Sec. 4‑47. Repealed.

(Code 1962, 3‑19; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 36, 11-21-11 )

Sec. 4‑48. Repealed.

(Code 1962, 3‑20; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 37, 11-21-11 )

Sec. 4‑49. Poisoning prohibited.

Any person who shall poison, or aid, abet or assist in the poisoning, or putting out or placing of poison at any point where dogs or cats may secure the same, shall be guilty of a misdemeanor and punished as provided for in section 4‑2. (Code 1962, 3‑29; Ord. No. 275, 2, 12‑4‑79)

State law reference‑‑Exposing poison, F.S. 828.08.

Sec. 4‑50. Limitation on number kept.

No person shall keep or maintain in connection with any building erected in any land use classification in which residential uses are permitted or in any residential unit of a multiple family land use classification, five (5) or more cats or dogs or combination thereof, six (6) months or older, unless they have a kennel license. No person shall keep or maintain on vacant property or in connection with any building used for business, commercial or industrial purposes, more than four (4) dogs. Nothing contained in this section shall be construed to permit the use of land or a building as a dog kennel unless said land or building is located in a land use classification in which a dog kennel is a permitted use. (Code 1962, 3‑32; Ord. No. 275, 2, 12‑4‑79)

Sec. 4‑51. Repealed.

Females in season.

 (Code 1962, 3‑53; Ord. No. 275, 2, 12‑4‑79; Ord. No. 12-01, 38, 11-21-11 )