§ 14-103. Impoundment.

(a)

The department may catch, seize, humanely trap, accept for impound, or pick up and impound any:

(1)

Dog that is running at large on public or private property, including the private property of the owner, harborer, or keeper, in accordance with section 14-97 of this chapter. Dogs impounded under this subsection shall be held by the department for a period of not less than 72 hours. Any impounded dog or cat that is wearing a license tag or traceable identification shall be held for not less than 144 hours, and the department shall make a reasonable effort to notify the owner that the dog has been impounded and may be picked up during the shelter's normal hours. The final responsibility for locating an impounded animal shall be that of the owner.

(2)

Animal not properly quarantined pursuant to section 14-79 shall be impounded, at the owner's expense, for the duration of the quarantine period established in section 14-79.

(3)

Animals not confined to an owner, harborer, or keeper's property during an area-wide rabies quarantine, as required by subsection 14-79(4) and shall be held for not less than 72 hours. Any impounded animal that is wearing a license tag or traceable identification shall be held not less than 144 hours, and the department shall make a reasonable effort to notify the owner that the animal has been impounded; such animals shall be held at the owner's expense and may, at the discretion of the department, be held for the duration of the area- wide quarantine.

(4)

Animal that has bitten or scratched a person, or is carrying or suspected of having or showing suspicious symptoms of rabies or any other zoonotic disease and shall be held at the owner's expense, and may be held for a period of at least 240 hours from the date of the bite, scratch, or showing of suspicious symptoms.

(5)

Animal that is neglected, abused, cruelly treated, sick, injured, or at risk of disease, injury, or death, and for which the department has or will seek custody of the animal pursuant to F.S. ch. 828. If the county is awarded custody of the animal, the owner shall be responsible for all expenses associated with the impoundment, care, feeding, and maintenance of the impounded animal. If the county is not awarded custody of the impounded animal, the owner shall be responsible only for necessary veterinary care provided to the animal during the impoundment. An owner awarded custody of an animal impounded under this subsection must redeem his or her animal and pay the costs of necessary veterinary care provided to the animal within 72 hours of the court's order, or the animal shall thereafter become the property of the county.

(6)

Animal which is or may be without proper care because of injury, illness, incarceration, or involuntary absence of the person responsible for the care of the animal. This includes, but is not limited to, situations where the owner is arrested, hospitalized, deceased or otherwise unable to care for the animal, or where the animal is abandoned within the meaning of section 14-38. Animals impounded pursuant to this subsection shall be held at the owner's expense for a period of at least 240 hours, and shall thereafter become the property of the county.

(7)

Dog that is suspected of being a vicious animal. Such animals shall be impounded by the department pending the filing by the department of a petition for custody of the animal pursuant to subsection 14-41(d). The animal shall be held during pending administrative proceedings, judicial proceedings, or appeals related to the petition for custody. If the county is awarded custody of the animal, the owner shall be responsible for all expenses associated with the impoundment, care, feeding, and maintenance of the impounded animal. If the county is not awarded custody of the impounded animal, the owner shall be responsible only for necessary veterinary care provided to the animal during the impoundment. An owner awarded custody of a dog impounded under this subsection must redeem his or her animal and pay the costs of necessary veterinary care provided to the animal within 72 hours of the court's order, or notification by the department that it does not intend to file a petition for custody, within 72 hours of the court's order, or the animal will thereafter become the property of the county.

(8)

Dog that is suspected of being a dangerous dog. Dogs impounded pursuant to this section may be held pending an investigation into whether the dog may be dangerous. Upon a determination by the department that the dog is dangerous, the dog may be held pending any administrative proceedings, judicial proceedings, or appeals relating to the dangerous dog classification. If the dangerous dog classification is upheld, the owner shall be responsible for all expenses associated with the impoundment, care, feeding, and maintenance of the impounded dog, and the dog shall not be released to the owner until the owner complies with the applicable provisions of section 14-42 and F.S. ch. 767. The owner of a dog classified as dangerous shall comply with the applicable provisions of section 14-42 and F.S. ch. 767, and redeem the animal within 240 hours of the determination by the department if no hearing is requested to challenge the determination, or the animal will thereafter become the property of the county. If the dangerous dog classification is challenged in an administrative or legal proceeding and not upheld or the department does not make a determination that the dog is dangerous or revokes such determination, the owner shall be responsible only for necessary veterinary care provided to the dog during the impoundment. When a dangerous dog classification is not made by the department after investigation, not upheld in an administrative or legal proceeding, or if the determination is revoked or withdrawn by the department, an owner must redeem his or her animal and pay the costs of necessary veterinary care provided to the animal within 72 hours of mailing, faxing, delivery, or posting of notice by animal services, or the animal shall thereafter become the property of the county.

(9)

Dog that has been declared a dangerous dog and the department determines the owner has not obtained a certificate of registration from the department; the owner has not renewed a certificate of registration on or before the anniversary date of the original registration of the dog as a dangerous dog; the owner does not have a current certificate of rabies vaccination for the dog; the owner has failed to confine the dog in a proper enclosure pursuant to F.S. ch. 767; the owner has failed to post warning signs in conformance with the requirements in F.S. ch. 767; the owner has failed to permanently identify the dog pursuant to F.S. ch. 767. During any judicial proceedings and appeals relating to the department's determination that the owner has failed to comply with the ordinances or statutes relating to ownership of a dog classified as dangerous, the dog may be held by the department. If the department's determination is upheld, the owner shall be responsible for all expenses associated with the impoundment, care, feeding, and maintenance of the impounded dog, and shall comply with the applicable provisions of section 14-42 and F.S. ch. 767, and redeem the animal within 14 days, or the animal will thereafter become the property of the county. If the department's determination is not upheld, the owner shall be responsible only for necessary veterinary care provided to the dog during the impoundment, but must redeem his or her animal within 72 hours of the court's order, or the animal shall thereafter become the property of the county.

(10)

Animals owned, kept, or harbored in violation of any order of a court of competent jurisdiction may be impounded and shall be held or disposed of by the department in accordance with the terms of the court's order.

(b)

Pursuant to law, officers may enter upon public property and private property, except residential buildings, to administer and enforce the provisions of this article.

(c)

It shall be a violation of this chapter for any person to refuse or fail to surrender an animal for impound upon lawful demand by an officer.

(d)

Nothing in this section shall prevent the humane disposition of ill or injured animals as authorized by Florida Statutes.

(e)

It shall be the final responsibility of the owner of an impounded animal to locate and redeem the animal at the department shelter.

(f)

Any animal impounded under the provisions of this chapter and not redeemed as provided for herein, or any animal turned over to the custody of the department by the owner or owner's agent, shall become the property of the county. The department shall humanely euthanize such animal or place it in the custody of some person deemed to be a responsible and suitable owner, who will agree to comply with all provisions of this chapter.

(g)

An eligible animal released to the department by its owner, keeper, or harborer shall be placed for adoption, transferred, fostered, or humanely euthanized at the sole discretion of the department.

(h)

No animal impounded pursuant to this chapter shall be released to its owner or the owner's agent until:

(1)

Proof of ownership has been established by way of a license and rabies vaccination certificate, bill of sale, photographs, affidavits from neighbors or other reliable documentary evidence may suffice for proof of ownership, at the discretion of the department. The department may also require a sworn statement of ownership.

(2)

Rabies vaccination and license tag. No dog or cat shall be released from the department without a current rabies vaccination and license tag, except as exempted by this chapter.

(3)

Microchip implantation and registration. No dog or cat shall be released to the owner unless it has been implanted with a microchip and properly registered to the owner at the owner's expense.

(4)

The owner, keeper, or harborer of an impounded animal signs and accepts any complaints, citations or warnings being issued with regard to the impounded animal.

(5)

The owner, keeper, or harbored of an impounded animal pays fees due to the department for the transportation, care, feeding, maintenance, and licensing of the animal.

(6)

The owner, keeper, or harbored of an impounded animal pays any expenses incurred by the county for veterinary treatment.

(i)

Any animal that has become the property of the county may be placed for adoption, transferred, fostered, or humanely euthanized at the sole discretion of the department. It is the sole discretion of the department to accept or refuse potential adopters or fosters. The department may, at its sole discretion, transfer animals to a humane organization, as defined in this chapter, for adoption.

(j)

The department shall have the authority of final approval for the adoption and release of any animal in its custody or responsibility. At its discretion, the department may refuse an adoption or the release of an animal if it is determined that the adoption or release is not in the best interest of the animal or the health, safety and general welfare of the public. Factors to be considered may include, but are not limited to, the following:

(1)

Property and/or lease restrictions.

(2)

Insufficient personal identification or address verification.

(3)

Previous or current reported animal offenses or citations.

(4)

Failure to fulfill requirements of previous animal adoptions.

(5)

Number of animals presently owned.

(6)

Conditions under which animals are to be housed.

(7)

Disposition/temperament of animal to be adopted.

(8)

Observations and determination of field investigator.

(k)

Any animal impounded pursuant to this chapter and held for the required amount of time may be released at the sole discretion of the department free of the normal adoption charge to any humane organization, any agency or organization which trains animals to assist handicapped or disabled persons or trains animals for police work, or any governmental agency.

(l)

The department may, in its discretion, require any animal to receive veterinary care or vaccination prior to release.

(m)

The county and its officers and employees shall not be liable for any injuries or illness sustained by an animal during the course of impoundment or while the animal is impounded.

(Ord. No. 16-29, § 3, 10-11-16)