§ 14-27. 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 abuser means any person 18 years of age or older (including a person who was under 18 when the conduct resulting in conviction occurred but who is tried and convicted as an adult) convicted of an animal abuse offense for conduct that occurs on or after March 1, 2017.

Aggressive animal or aggressive behavior means any animal that, without provocation, constitutes a physical threat to human beings or other animals. Aggressive behavior also includes, but is not limited to, the following:

(1)

A loose, unconfined animal, when unprovoked, chasing or approaching a person in a menacing fashion or apparent attitude of attack.

(2)

Chasing vehicles.

(3)

Molesting livestock or other domestic animals.

Animal means any living creature, other than a human being.

Animal abuse offense shall mean the commission of any act that constitutes the criminal offense of:

(1)

Cruelty to animals under F.S. § 828.12;

(2)

Fighting or baiting animals under F.S. § 828.122;

(3)

Killing a dog or cat with the intent to sell or give away its pelt under F.S. § 828.123;

(4)

Killing or aggravated abuse of horse or cattle under F.S. § 828.125;

(5)

Sexual activities involving animals under F.S. § 828.126;

(6)

Confinement of animals without sufficient food, water, or exercise under F.S. § 828.13.

Animal abuser link shall mean the online link at Pascoclerk.com identifying persons convicted in Pasco County of an animal abuse offense that occurs on or after March 1, 2017.

Animal control officer means any person employed or appointed by the board of county commissioners as an animal control officer. An animal control officer is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations. An animal control officer is not authorized to bear arms or make arrests.

Animal shelter shall mean any public or privately owned organization, including, but not limited to, any incorporated humane society, pound, animal protective association or animal rescue group which maintains buildings, structures, or other property for the purpose of harboring animals which may be stray, unwanted, lost, abandoned, or abused and seeks to find appropriate temporary or permanent homes for such animals.

At large means an animal which is not under the actual control, custody, charge or possession of the owner or other responsible person either by leash, cord, chain, enclosure or as otherwise provided in this chapter.

Breeder means any person that owns, harbors, or keeps dogs or cats that reproduce more than 20 animals in any rolling (consecutive) 12-month period for any purpose.

Cat means, but is expressly not limited to, domestic cat, Felis catus, and any genetic hybridization thereof, including, but expressly not limited to, ocelot hybrids and bobcat hybrids, that is not under the jurisdiction of the Florida Fish and Wildlife Conservation Commission.

Convicted or conviction means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether or not adjudication is withheld.

County health officer means the person appointed, pursuant to law, as director of the county health department and his designated agents.

Department means the Pasco County Animal Services Department.

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

Director means that person in charge of the administration of the Department of Animal Services or anyone designated by that person.

Dog means, but is expressly not limited to, domestic dog, Canis familaris, and any genetic hybridization thereof, including, but expressly not limited to, wolf hybrids and coyote hybrids.

Domestic means those animals trained to live with and be of use to man; tame.

Ear-tip means a mark identifying a community or feral cat as being in a Trap-Neuter-Return program, specifically the removal of approximately three-eighths of an inch off the tip of the cat's left ear in a straight line, while the cat is anesthetized. Ear-tipping is the universal sign of a feral cat symbolizing the cat has been spayed/neutered and rabies vaccinated.

Farm animal shall mean animals used in the production of human or animal food, feed or fiber, regardless of whether or not the animal is actually being used or raised for such purposes.

Feral means a dog or cat that exists in an untamed state or that has returned to an untamed state, generally not socialized to human contact, and is no longer considered domesticated.

Flea market means any premises where the principal use is the sale or offer of goods by five or more individuals, in an open area or partly enclosed booths or stalls, or within an enclosed building, of new and used household goods, personal effects, tools, art work, small household appliances, and other similar merchandise, objects or equipment, in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser.

Good and wholesome food means palatable nutriment appropriate for the type of animal it is fed to, free from contamination, and of sufficient nutritive value to maintain such animal in good health.

Harbor means to own, feed, shelter, keep, maintain or control an animal and includes permanent and temporary harboring of animals.

Humane organization means any nonprofit organization that is dedicated to the rescue and protection of animals, duly registered with the Florida Department of State, and Florida Department of Agriculture and Consumer Services, and duly organized as a charitable organization under 26 U.S.C. § 501(c)(3) of the Internal Revenue Code of the United States, and spays or neuters any dog or cat as is strictly consistent with the provisions of this chapter.

Hybrid means, but is expressly not limited to, a mixture of one or more types of wild animals crossed with any combination of domestic animals.

Large kennel means any person or entity who owns, harbors or keeps more than 15 dogs or cats, in aggregate, at a property or structure, for any purpose, including, but not limited to, housing, boarding, breeding, training, show or exhibition, hunting, sale, rescue, adoption or personal pet or use. Large kennel does not include any property or structure where a Florida state licensed veterinarian practices and has a premises permit, as required by F.S. ch. 474, or any property or structure used as a veterinary hospital, medical research laboratory, pari-mutuel dog racing establishment, or any governmental agency, or to any boarding kennel operated in conjunction with any of the foregoing.

Mandatory court appearance means that a person shall not have the option to pay the fine instead of appearing in court.

Pet means any animal kept for pleasure rather than utility.

Pet dealer means any person that offers for sale, has sold, or intends to sell, either concurrently or in aggregate, more than 20 dogs or cats in any rolling (consecutive) 12-month period. This shall include, by way of illustration and not limitation, pet shops and persons.

Pet seller shall mean any individual or person, partnership, firm, corporation or other entity which offers animals for sale or is engaged in the sale, exchange, or other transfer of ownership of animals.

Premises means land and all structures and articles appurtenant or attached thereto which are owned, leased, occupied or controlled by a person.

Rescue tag means current animal tag or tags issued by the division for a humane organization. Such tags shall have one serial number unique to that humane organization.

Sale means a transaction for an animal for any value received, including, but not limited to, currency, fees, including, but not limited to, re-homing fees and any other administrative fees for humane organizations or other nonprofit entities, services, or goods.

Serious physical injury or severe physical injury or damage means any physical injury that results in any of the following injuries:

(a)

broken bones;

(b)

Muscle, ligament, or tendon tears;

(c)

Skin lacerations, puncture wounds, or other injuries that require sutures, or surgery, or for which the victim seeks emergency treatment;

(d)

The transmission of an infectious or contagious disease; or

any physical injury that creates a substantial risk of death or that causes death, serious disfigurement, protracted impairment of health, impairment of function of any bodily organ, or plastic surgery.

Service animal shall mean any dog or miniature horse that has been individually trained to do work or perform tasks for people with disabilities as defined under the Americans with Disabilities Act (ADA). This definition shall incorporate any future legislative, administrative, or judicial changes to the definition of service animal within the Americans With Disabilities Act.

Shelter, minimally defined, means a three-sided roofed and floored structure that is a secure weather-resistant structure which protects an animal from exposure to the elements including, but not limited to, rain, cold, wind and heat, and in size is a minimum of six inches higher than the animal's height at full stand with head erect, one and one-half the animal's full body length, and sufficient in width to permit the animal to turn around. Shelter shall not include a lean-to, drums or barrels, spaces underneath mobile or prefabricated homes or spaces underneath porches or decks.

Tag means a current department animal license tag.

Unprovoked means that the victim has been conducting himself peacefully and lawfully.

Veterinarian means a veterinarian duly licensed and registered by the state.

Vicious animal or vicious behavior means any animal that, without provocation:

(1)

causes severe physical injury to a human being, or

(2)

severely injures or kills a domestic animal while off the owner, harborer or keeper's property.

Vicious animal or vicious behavior shall not be interpreted to include an animal that at the time of causing physical injury, was being tormented, abused, assaulted or was protecting a human being from an unjustified attack, or if the injury caused was while the person injured was unlawfully on the property of the animal.

Water means potable water free from contamination.

Wild animal means every living creature belonging to a species which will normally be found in the wild state, meaning found primarily in a natural state or a wild environment.

(Ord. No. 16-29, § 3, 10-11-16; Ord. No. 17-01, § 3, 1-10-17)