BY COMMISSIONER_____________________

BY COMMISSIONER______________________ ORDINANCE NO._________

AN ACT TO BE ENTITLED AN ORDINANCE BY THE PASCO COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE PASCO COUNTY CODE OF ORDINANCES CHAPTER 14, SECTION 14-36, DISPOSAL OF IMPOUNDED ANIMALS; AMENDING SECTION 14-38, ABANDONMENT; CREATING A NEW SECTION 14-44, REGULATING FEMALE DOGS IN HEAT; AMENDING SECTION 14-58, ANIMAL CONTROL ADVISORY COMMITTEE; AMENDING SECTION 14-76, RABIES VACCINATION FOR DOGS AND CATS; AMENDING SECTION 14-101, HEALTH REQUIREMENTS WHEN TRANSPORTED OR OFFERED FOR SALE; PROVIDING FOR INCLUSION IN CODE, SEVERABILITY, AND EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pasco County, Florida, as follows:

SECTION 1.

Proposed Amendments to Chapter 14

A. Section 14-36, Code of Ordinances, Disposal of Impounded Animals, is hereby amended as follows:

(c) Any ~~animal~~ dog held under quarantine at the Animal Control Division which was impounded wearing a visible form of identification or with a known owner, will be considered ~~abandoned~~ relinquished by the owner if not claimed on or before the third day following quarantine. If not claimed on or before the third day following the quarantine, the animal will be disposed of as necessary. This section does not require an additional holding period for stray dogs or animals other than dogs that had been held for quarantine. These animals may be disposed of at any time following the quarantine confinement period for that species.

(d) Animals that have been impounded as abandoned under the conditions defined in Section 14-38 shall be held for a period of at least ten (10) days. During this time, the Animal Control Division shall make a reasonable effort to notify the owner of the animal that the animal has been impounded and may be picked up during the normal working hours at the County Animal Control Center. The final responsibility for locating an impounded animal shall be that of the owner. If the animal is not claimed within ten (10) days of impoundment, the animal shall be considered relinquished by the owner.

B. Section 14-38, Code of Ordinances, Abandonment, is hereby amended as follows:

(a) It shall be unlawful for any owner, custodian or person in control of an animal to abandon any animal for a period in excess of 24 hours. The animal will not be considered abandoned if the owner arranges for a person to feed, water and monitor the animal’s condition on a scheduled or regular basis. Intervals between monitoring, watering and feeding shall not exceed 24 hours.

(b) Whenever the Animal Control Division finds that any animal is or will be without proper care because of injury, illness, incarceration or involuntary absence of the person responsible for the care of such animal ~~or whenever the animal control division receives any animal from a law enforcement agency or the SPCA~~, the Animal Control Division may impound such animal in accordance with this article.

C. Section 14-44, of the Code of Ordinances, Female Dogs in Heat, is hereby amended as follows:

(a) The owner, harborer or keeper of a female dog in heat (estrus) shall humanely and securely confine such dog indoors or in a secure enclosure. For the purposes of this section, a secure enclosure shall mean an enclosed and locked pen or structure of sufficient construction to prevent the entry of a male dog, and to prevent the female in heat from escaping.

(b) (1) When not in a secure enclosure, such dogs shall be under the direct control and supervision of a responsible individual so that the dog is

not allowed to unintentionally come into contact with a male dog and breed.

(2) For the purpose of this section, a fenced area is not a sufficient enclosure.

(3) The only exception to this section is when a female dog in heat is in a

secure enclosure for intentional breeding purposes.

D. Section 14-58, Code of Ordinances, Appointment and Qualifications of Members, is hereby amended as follows:

(a) The Animal Control Advisory Committee shall be composed of 12 13 members, appointed by the Board of County Commissioners. In order to reflect the interest involved in animal control, the committee members shall be selected according to the following:

(1) One member shall be from the Society for the Prevention of Cruelty to

Animals (S.P.C.A.);

(2) One member shall be from the County Humane Society;

(3) One member shall be from the County Sheriff’s Office;

(4) Two members shall be licensed veterinarians, one of whom is actively engaged in business within that part of the county lying east of Highway 41 and the other of whom is actively engaged in business lying west of Highway 41;

(5) One member shall be from the County Health Department;

(6) Five members shall be selected from the citizenry at large, one from each commission district;

(7) One member shall be from Pasco Animal Welfare Society, Inc. (P.A.W.S.) and;

(8) One member shall be from Pet Aid Service Society, Inc. (P.A.S.S.).

E. Section 14-76, Code of Ordinances, Rabies Vaccination of Dogs and Cats, is hereby amended as follows:

(a) Every person who owns or harbors any dog or cat four months of age or older in the county shall have such dog or cat vaccinated against rabies annually, as prescribed by regulations authorized by this article, by a licensed veterinarian of his choice. Evidence of vaccination shall consist of a current ~~county~~ rabies vaccination certificate issued and signed by the veterinarian administering the vaccine. However, no dog or cat need be vaccinated where:

(1) A licensed veterinarian has examined the dog or cat

and certified that at such time vaccination would endanger its health because of its age, infirmity, debility, illness or other medical consideration;

(2) The certificate issued pursuant to subsection (a)(1) of

this section is recorded with the County Animal Control by the veterinarian following an examination. However, the dog or cat shall be vaccinated against rabies as soon as its health permits and shall wear a tag as required in Section 14-96;

(3) Hybrids are not recommended as pets. However, because of the possible protection effect of vaccination, pet owners are required to have all hybrids inoculated against rabies. If it is the recommendation of a licensed veterinarian, however, not to vaccinate the hybrid animal, then the owner of such animal shall be required to obtain a valid annual health certificate by a licensed veterinarian in lieu of said vaccination.

(b) The cost of the rabies vaccination shall be borne by the person owning or harboring the dog or cat.

F. Section 14-101, of the Code of Ordinances, Health Requirements When Transported or Offered for Sale, is hereby amended as follows:

~~F.S~~. Florida Statute ~~§585.95~~ §828.29, as amended, is adopted by reference. A violation of such section is a Class II infraction.

Section 6. Inclusion in Code.

It is the intent of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Pasco County Code of Ordinances, and that the Sections of this Ordinance may be renumbered or relettered and the word “ordinance” may be changed to “section,” “article,” or such other appropriate word or phase in order to accomplish such intentions.

Section 7. Severability.

It is declared to be the intent of the Board of County Commissioners of Pasco County, Florida, that if any section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the remainder of this Ordinance shall be construed as not having contained said section, subsection, sentence, clause or provision, and shall not be affected by such holding.

Section 8. Effective Date .

Certified copies of this Ordinance shall be filed with the Department of State by the Clerk to the Board of County Commissioners within ten (10) days after adoption

by the Board of County Commissioners and this Ordinance shall take effect upon filing.

ADOPTED this ______ day of December, 2001.

(SEAL) BOARD OF COUNTY COMMISSIONERS

OF PASCO COUNTY, FLORIDA

ATTEST:

BY:__________________________________ BY: ________________________________________

JED PITTMAN, CLERK ANN HILDEBRAND, CHAIRMAN

APPROVED AS TO LEGAL FORM AND SUFFICIENCY

OFFICE OF THE COUNTY ATTORNEY

BY:________________________________________________
ATTORNEY