§ 4-1. Definitions.

For the purpose of this chapter, the following terms shall have the meanings indicated. No attempt is made to define any words which are used in accordance with their established dictionary meaning, except when necessary to avoid misunderstanding. This chapter shall be referred to as the "Animal Control Ordinance of the City of Coral Springs, Florida."

(1)

Abandonment: Shall mean to forsake entirely or to neglect or refuse to provide care and support of any animal, reptile, or fowl. It may also mean to fail to claim from any veterinary hospital, grooming salon, or other animal service establishment whereby the owner has provided the animal to the place of business and has acknowledged and/or authorized services to be rendered.

(2)

Adult: Shall mean a human being at least eighteen (18) years of age.

(3)

Aggressive animal: Shall mean any animal, reptile, or fowl that without provocation constitutes a physical threat to human beings or other animals.

(4)

Animal: Shall mean every non-human creature.

(5)

Animal control officer/humane officer: Shall mean any individual designated by the chief of police, or by ordinance, to enforce this chapter. Upon appointment, such officer is authorized to conduct investigations on public or private property civil and criminal violations relating to animal control or cruelty, and to issue citations as provided herein.

(6)

Animal exposed to rabies: Any animal which has been bitten by or has been associated with any animal determined by the Broward County Health Department or the animal control officer to be infected with rabies or suspected of being infected with rabies.

(7)

Animal retention facility: Any Coral Springs facility maintained by the City of Coral Springs, Florida, for the minimum length of confinement no longer than seventy-two (72) hours for dogs and other animals which come into its custody in the performance of its official duties.

(8)

Animal under restraint: Shall mean any animal secured by a leash or lead under the control of a person physically capable of restraining the animal and obedient to the person's commands or securely enclosed within the real property limits of the owner's premises. Animal under restraint shall also include the following:

a.

While on the property of its owner that: Reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property of its owner; and

b.

The animal is:

1.

Securely and humanely confined within a house, building, fence, crate, pen, or other enclosure; or

2.

Humanely secured by chain, cable and trolley, rope, or tether of sufficient strength to prevent escape, or controlled by an electronic fence device; or

3.

Leashed or otherwise controlled by a responsible person or is obedient to the commands of a person present with the animal at any time it is not secured.

c.

While off the property of the owner that:

1.

The animal is securely confined within a vehicle; or

2.

The animal is caged or tethered in the open bed of a pick-up truck as set forth in section 4-8; or

3.

The animal is securely and humanely confined within a house, building, fence, crate, pen, or other enclosure; or

4.

The animal is humanely secured by a chain, cable and trolley, rope, or tether of sufficient strength to prevent escape; or

5.

That the animal is leashed or otherwise controlled by a responsible person or is obedient to the commands of a person present with the animal at any time it is not secured.

(9)

At large: Shall mean any unattended animal on the premises of its owner or off the premises of the owner and not under the actual control of the owner, or any animal that is not securely confined by a secure fence, chain, leash, kennel, or other means of confinement.

(10)

Bite: Shall mean any injury inflicted by jaw or claw whereby the skin is broken and blood is shed.

(11)

Breeder: Shall mean any person that permits his/her female dog or cat to bear more than one (1) litter per year or more than twenty (20) offspring per year, whichever is greater.

(12)

Capture: Shall mean the securing, restraining, immobilization, or confinement of any animal at large by the use of cages, ropes, nets, tranquilizers, or any other similar device not intended to permanently injure the animal.

(13)

Certificate of registration: Certificate issued by the applicable city or Broward County agency whereby the animal has been investigated and declared dangerous.

(14)

Citation: Shall mean a written notice issued to a person by an officer with probable cause to believe that the person has committed a civil infraction in violation of this chapter.

(15)

Control: Shall mean the possession, ownership, care, and custody of animals.

(16)

County: Shall mean Broward County, Florida.

(17)

Cruelty: Shall mean any act, omission, or neglect which unnecessarily or unjustifiably inflicts pain or suffering that is caused, permitted, or allowed to continue when there is reasonable remedy or relief, except when done in the interest of medical science.

(18)

Enclosure: Shall mean that the dog is securely confined indoors, or within a six-foot high fence, or within a structure suitable to prevent the entry of young children and to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Such enclosure shall have secure sides, top and bottom, and shall be designed to prevent the animal from escaping over, under, or through the structure, shall be kept locked, and shall also provide protection from the elements.

(19)

Excessive: For the purpose of defining animal noise shall mean continuously and/or incessantly for a period of ten (10) minutes or intermittently for one-half (½) hour or more.

(20)

Guard dog/attack dog: Shall mean any dog primarily trained and/or used for the purpose of defending, patrolling, or protecting property or persons and who will attack upon command.

(21)

Harboring: Shall mean the act of keeping and caring for an animal or of providing a premises to which the animal returns for food, shelter, or care for a period of at least forty-eight (48) hours.

(22)

Health department: Shall mean the Broward County Public Health Unit.

(23)

Inhumane disposal: Shall mean, but not be limited to, whipping, beating, clubbing, shooting, drowning, or suffocation of any animal.

(24)

Inhumane trap: Shall mean any device that may, or has the potential to, cause pain, suffering, severe injury, mutilation, suffocation, or death to any animal, reptile, fowl, or person. Inhumane traps shall include, but not limited to, leg-iron traps, sticky traps, wooded box traps not allowing proper ventilation, or any trap possessing a spike or any device that may cause injury or death. Animals shall not be limited to wildlife and shall include dogs and cats.

(25)

Kennel: Shall mean any place of business where dogs or cats, regardless of number, are kept for sale, breeding, boarding, treatment purposes, except an animal hospital, grooming facility, pet shop, humane society, or animal protection agency, as allowed by the zoning regulations of the City of Coral Springs, Florida. However, the term "kennel" shall include any premises used in residential areas for the keeping, harboring, or maintenance of four (4) or more dogs or cats four (4) months or older; or for the purpose of housing any dog deemed as "vicious." Furthermore, in a residential area a "kennel" will be used to keep exclusively only the residents' animals. The "kennel" may not be used for the purpose of breeding, whereby an animal not owned by the property occupant will be kept.

(26)

Motor vehicle: Any vehicle which is self-propelled and any trailer which is attached to a self-propelled vehicle.

(27)

Officer: Shall mean any law enforcement officer as defined in Section 943.10, Florida Statutes, or any animal control officer/ humane officer.

(28)

Owner: Shall mean any natural person, firm, association or corporation, or organization who possesses, keeps, harbors, or has custody or control of an animal. If the owner is a minor, as defined by statute (under the age of eighteen (18)), the minor's parent(s) or legal guardian shall be the owner for purposes of this chapter.

(29)

Potentially dangerous animal: Shall mean any animal with a propensity or disposition to attack unprovoked, or otherwise to threaten the safety of humans and domestic animals. Said animal has not inflicted severe injury to persons nor has severely injured or killed two (2) domestic animals.

(30)

Proper enclosure for a dangerous animal: Shall mean a pen or structure with secure sides and a secure top to prevent the dog from escaping over, under or through the structures and shall also provide protection from the elements.

(31)

Public nuisance animal: Shall mean any animal that unreasonably annoys persons, endangers the life or health of persons or other animals, or substantially interferes with the right of persons to enjoyment of life or property. The term shall include, but is not limited to:

a.

An animal that damages the property of anyone other than its owner or causes the loss of property;

b.

An animal that has bitten a person without provocation;

c.

An animal that bites, attacks, or wounds another animal without provocation;

d.

An animal that habitually and excessively howls, barks, growls, or makes other noises so as to unduly disturb or disrupt the public peace, order and tranquility;

e.

An animal that chases motor vehicles in a public right-of-way;

f.

An animal that is not under restraint as defined in section 4-1(h);

g.

A dangerous animal;

h.

Any animal that damages, urinates, or defecates on public or private property as prohibited by section 4-5;

i.

Any animal that is repeatedly found running at large;

j.

Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

k.

Any animal in heat that is not confined so as to prevent attraction or contact with other animals;

l.

Any animal, whether or not on the property of its owner, that without provocation molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way; and

m.

Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored.

(32)

Rabies vaccination: Shall mean the vaccination of a dog, cat, or other domestic animal with an anti-rabies vaccine approved by the United States Department of Agriculture and administered by a veterinarian.

(33)

Sanitary: Shall mean a condition of good order and cleanliness to minimize the possibility of disease transmission.

(34)

Severe injury: Shall mean any physical injury that results in any broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.

(35)

Shelter: Shall mean a secure weather resistant structure which protects an animal from exposure to the elements and which is a minimum of six (6) inches higher than the animal's height at full stand with head erect, one and one-half (1½) the animal's full body length, and with sufficient width to permit the animal to turn around.

(36)

Stray: Shall mean any unlicensed animal unattended off the premises of its owner.

(37)

Unprovoked: Shall mean that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by an animal.

(38)

Vaccinated: Shall mean any animal that has been inoculated with a current rabies vaccine.

(39)

Veterinarian: Shall mean a veterinarian duly licensed and regulated by the State of Florida in accordance with Chapter 474, Florida Statutes.

(40)

Vicious dog: Shall mean any dog that according to the records of the police department or other animal control or law enforcement authority:

a.

Has, when unprovoked, approached any person in a menacing fashion or apparent attitude of attack upon the streets, sidewalks, or any public grounds or places, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by an officer; or

b.

Has more than once severely injured or killed a domestic animal while off the owner's property; or

c.

Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; or

d.

Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting.

(41)

Wholesome exercise: Shall mean uninhibited movement for a period of time sufficient for the physical well-being of an animal, considering the size, age, and breed of that animal.

(42)

Wild animal: Shall mean any nonhuman primate, raccoon, skunk, fox, ferret, poisonous snake, leopard, panther, tiger, lion, lynx, or any other animal so classified by the Florida Game and Fresh Water Fish Commission.

(43)

Wildlife hybrid: Shall mean any offspring of any wildlife or hybrid bred with a dog or cat or an animal which is represented as a hybrid by its owner.

(Ord. No. 98-130, § 2, 11-17-98; Ord. No. 2001-116, § 2, 8-21-01)