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For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and sustenance of an animal by its owner for a period of 24 hours or more.
ABANDON WITH CUSTODIAN. To leave with a custodian without agreement or leave with a custodian longer than agreed upon, or fail to reclaim said animal from said custodian.
ABANDON AT SHELTER. To drop off an animal at or in the immediate area of the Broward County Animal Care and Regulation facility at 3100 NW 19 Terrace, Pompano Beach, Florida, without first processing the animal with a Broward County Animal Care and Regulation staff employee.
ABANDON IN PUBLIC. To leave an animal on the road side, at a shopping center, public park, or on property not owned or controlled by the owner when identification is not provided or cannot be reasonably found or researched to find the owner, or the owners whereabouts can not be reasonably determined.
ABANDON INJURED. An animal that has been hit or run over by a motor vehicle or injured by other means
and abandoned to suffer or die. The operator of a motor vehicle shall stop and note the physical condition of the animal. He or she shall inform the police/animal control of the injured animal immediately and express the need for care. No liability to the operator of the motor vehicle for damages to the animal shall be attached if the animal is at large and the operator unintentionally struck the animal. No person who notes that an animal is injured shall leave said injured animal to suffer or die. He or she shall inform the police/animal control of the injured animal immediately and express the need for care.
ANIMAL. Any living non-human creature.
ANIMAL CONTROL DIVISION. The City of Pompano Beach Animal Control Division
ANIMAL CONTROL OFFICER. Any individual employed, contracted with, or appointed by the city for the purpose of aiding in the enforcement of this section and/or any other law relating to the licensure of animals, cruelty investigation, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
AT LARGE. An animal not under the physical control of a responsible person, by means of a leash, cable or chain or not in the physical presence of its owner or person in custody of said animal while on the owners property, or not confined to the real property of its owner by means of a fence constructed in a manner which serves to keep said animal confined to the property. Additionally, dog(s) must comply with the minimum standards set forth in §§ 90.09, 90.10 and 90.11. At large shall also be held to include an animal that has access to public property, communal areas, common ground, or the property of another without written consent from the owner of the property.
BREEDER. The owner of an animal that has conceived a litter.
CARE. The function of providing food, water, or shelter and/or protection from the elements.
CAT. Both male and female members of the animal species; Felis catus.
CITATION. 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.
COMMUNAL AREA. The area of, relating to, or belonging to the residents of a community, or rental housing building or complex.
COMMON GROUND. Areas at a place of business where a customer and/or citizen is permitted and/or is reasonably expected to have access to based on the type of business.
COMMON GROUND EXCLUSION. A business location where commercially made signs clearly read Beware of Dog and Keep Out along with barriers such as locked doors, ropes, or chains that convey entry constitutes trespassing.
CONTROL. The regulation of the possession, ownership, care and/or custody of animals.
CRATE. A pet carrier or airline approved crate or cage that is commercially made and constructed to confine dogs for the purpose of travel, and or crate training.
CRUELTY. Every act, omission or neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue when there is reasonable remedy or relief.
DANGEROUS DOG.
(1) Any dog that:
(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;
(b) Has more than once severely injured or killed a domestic animal while off the owner's property;
(c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
(d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the city's Animal Control Division.
(2) A dog shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner, or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
DENUDE. The removal of feathers from any or all of these areas of a rooster; the neck, breast, back and legs.
DESIGNATED HANDLER. A person authorized by the Dangerous Dog certificate of registration to have control, possession, or custody of a dangerous dog.
DOG. Both male and female members of the animal species; Canis familaris.
DOMESTIC or DOMESTICATED ANIMALS. Any dog, bird, or other animal that has been converted or adopted to domestic use or life.
FERAL CATS. Any cat living in an untamed state.
FOOD. Wholesome, palatable, and free from contamination substances. Food shall be of sufficient quantity and nutritive value to maintain in good health the animal(s) for which it is intended. The diet shall be prepared with consideration for the age, species, condition, size and type of the animal. Animals shall be fed at least once a day except when dictated by hibernation, veterinary treatment, normal fasts or other professionally accepted practices. All food receptacles shall be kept clean and sanitary.
GAMING. To provoke, or to harass an animal with one or more animals for the purpose of training an animal for or to cause an animal to engage in, fights with or among other animals.
GROOMING. To clean, brush, and or bathe.
GUARD DOG. Any dog primarily trained and/or used for the purpose of defending, patrolling, or protecting property or persons.
HARBORING. The act of keeping or caring for an animal or of providing a premises to which the animal returns for food, shelter, or care.
HEALTH DEPARTMENT. The Broward County Health Unit.
HEARING OFFICER. An individual authorized by the city to conduct hearings and render verdict in cases involving the classification of dogs as dangerous. Said hearing officer shall be a member in good standing of the Florida Bar.
HEAT. In estrus.
HYGIENE The overall condition and practices promoting or preserving the health of the animal; such as
the eyes, ears, mouth, toe nails, and coat. Additionally, but not limited to, the control of internal and external parasites.
INDUSTRY PRACTICES Methods of handling or training animal(s), that are considered humane and consistent by the general population of animal related occupations.
INDUSTRY STANDARDS. Containers, kennels, cages, chains, leads, methods of confinement, that provide for the comfort, safety, health, cleanliness, and sanitary needs, and also ensures sanitary conditions of the food or water of the species being confined.
INTENTIONAL BREEDING. The written intent of an owner to breed an animal. If there is more than one owner both must concede in writing. The written document must be drafted and dated previous to breeding, and shall be retained by the owner of the female animal.
KENNEL. Any place of business at which dogs and/or cats are kept for sale, breeding, boarding, treatment or grooming purposes as allowed by the city zoning board. KENNEL shall not include any humane society or veterinarian clinic as defined herein.
LAW ENFORCEMENT OFFICER. Any individual whose duties in whole or in part include enforcement of city and/or county ordinances and/or state laws.
MISTREAT. To handle an animal in a manner inconsistent with accepted industry practices.
NEGLECT. Failure to provide necessary care, hygiene, and grooming.
NOTICE OF ABANDONMENT. A notice posted in a conspicuous place informing the owner of an animal of the intent to remove the animal after a 24-hour period has elapsed and no contact has been made. The notice shall include the date and time of posting, the name of the officer, and phone number where the officer can be contacted.
NUISANCE WILD LIFE. Opossums, raccoons, and armadillos.
OWNER. Any natural person, firm, organization, association or corporation who owns, keeps, harbors, has custody of or controls an animal(s). The knowledge and acts of agents and employees of corporations in regard to animal(s) transported, owned, harbored, controlled, employed by, or in the custody of a corporation shall be held to be the knowledge and act of such corporation. If the owner is a minor as defined by statute, the minor’s parent(s) or legal guardian shall be the owner for purposes of this chapter.
PROPERTY. Any object(s) belonging to the resident or business owner and including the plot of land and building in which they reside, including, but not limited to, garbage containers or gardens, flowers, or other plant material.
RABIES VACCINATION. The up to date vaccination of a dog, cat or other domestic animal with an antirabies vaccine approved by the United States Department of Agriculture and administered by a veterinarian.
SECURE ENCLOSURE. The dog is securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under, or through the structure and shall also provide for shelter as defined in § 90.05. When the dog is confined indoors it shall be confined by either lockable pen or tethered by an approved chain or cable so as to prevent the dog access to windows or doors leading to the exterior of the structure or rooms designated to tenants.
SEVERE INJURY. Any physical injury that results in a broken bone, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
SHELTER. Protection from the elements, compliance with industry standards, and meets the following criteria:
(1) INDOOR SHELTER. Facilities shall be sufficiently regulated by heating or cooling to protect the animals from extremes of temperature, to provide for their health and to prevent their discomfort. The ambient temperature shall not be allowed to fall below or rise above temperatures compatible with the health and comfort of the animals. Facilities shall be adequately ventilated by natural or mechanical means to provide for
the health and to prevent the discomfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, fans or air conditioning and shall be ventilated so as to minimize drafts, odors and moisture condensation. Indoor housing facilities shall have ample lighting, by natural or artificial means, or both, of good quality, distribution and duration as appropriated for the species involved. Lighting of primary enclosures shall be designed to protect the animals from excessive illumination. Such lighting shall be uniformly distributed and of sufficient intensity to permit routine inspection and cleaning.
(2) OUTDOOR SHELTER. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided for all animals kept outdoors to afford them protection and to prevent discomfort of such animals. When sunlight is likely to cause overheating or discomfort of the animals, sufficient shade by natural or artificial means shall be provided to allow all animals kept outdoors to protect themselves from direct sunlight. A suitable method of drainage shall be provided to rapidly eliminate excess water. The method of drainage shall comply with applicable federal, state and local laws and regulations relating to pollution control or the protection of the environment. Every person having custody of dogs or horses which are kept outdoors or in an unheated enclosure shall provide such animal with the following minimum standards of shelter:
(a) COLD AND OR RAIN. The shelter for a dog shall include a moisture proof structure of suitable size to accommodate the dog and allow retention of body heat and shall be made of durable material, with a solid floor raised at least two inches from the ground.
(b) HOT AND OR SUNNY. The shelter for a dog(s) shall include a roof that provides sufficient shade by natural or artificial means. This shelter shall be ventilated by natural or mechanical means to provide for the health and to prevent the discomfort of the dog(s).
(c) SHELTER FOR A HORSE. Shall be at minimum a three-sided, roofed, moisture proof and windproof structure made of durable material.
TORMENT. To include every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused.
UNCONFINED. Not confined to a secure enclosure as defined herein.
UNPROVOKED. The victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
WHELPING BOX. A box constructed for the containment of puppies to the age of eight weeks. Height shall allow the mother access to the puppy, while preventing the puppies escape. The size of the box shall afford the puppies reasonable room for movement and growth. A whelping box as described in this section shall comply with indoor and outdoor shelter as described in § 90.05 of this chapter.
WILD LIFE. Any animal or bird that is not contained in a pen.
YARD, REAR. An open space unoccupied (except for open-air off-street parking and accessory buildings and uses) on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the sidelines of the lot. The depth of the "rear yard" shall be measured between the average rear line of the lot and the far most line of the building minus a minimum of ten feet from the lot line or the set back which ever is greater.
YARD, SIDE. An open space unoccupied (except for open-air off street parking) on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
(Ord. 2000-63, passed 6-13-00; Am. Ord. 2007-20, passed 1-9-07)
(A) No person owning or having charge, care, custody, or control of any animal shall cause, permit, or allow the animal into or on any public park or beach, the area commonly known as the beach parking lot, the east side of Pompano Beach Boulevard, the parking lot at the foot of Atlantic Boulevard, all public beach access areas and their designated rights-of-way, the park area of the Alsdorf Boat Launching Park, or any city maintained area that is posted as prohibited to animals. However, this provision shall not apply to park areas in which animals are specifically authorized as posted. Non compliance with the above shall be deemed a violation of this section.
(B) The owner of any animal found in violation of §§ 90.06, 90.07 or 90.08 in any public park, may be cited and ordered to immediately remove their animal from the designated area. Additionally, the owner may be prohibited from future return with any animal to the incident location. Refusal to leave when ordered or to return to the area which they were prohibited from with an animal is a violation of this section. Two hundred and fifty dollars first offense, second $500.00, third or subsequent violation, mandatory court appearance.
(Ord. 2000-63, passed 6-13-00) Penalty, see § 90.99
(A) It shall be deemed a violation of this section for any person or owner having custody of any animal to permit the animal to commit a nuisance. An animal nuisance is created by but not limited to an animal which:
(1) Molests or disturbs persons by chasing or biting persons, or by chasing vehicles. One hundred dollars first offense; $250.00 second offense; $500.00 third offense and subsequent violations;
(2) Chases, bites or otherwise attacks other domestic animals. One hundred dollars first offense; $250.00 second offense; $500.00 third offense and subsequent violations;
(3) Damages property other than that of the owner, including but not limited to turning over garbage containers or damaging gardens, flowers, or other plant material. One hundred dollars first offense; $250.00 second offense; $500.00 third offense and subsequent violations;
(4) Barks, whines, howls, honks, brays, cries, squawks, crows or makes other noise excessively so as to disturb the sleep, peace or tranquillity of any inhabitant of the city, when such noise is made by an animal provided however it shall not be a violation of this section for any animal, bird, or fowl to make a sound of distress or danger when circumstances reasonably cause it to do so. One hundred dollars first offense. Any second or third offense occurring at any location shall require a mandatory court appearance by an owner or person having custody of a domesticated animal in violation of this subsection, and any such offense shall be punishable upon conviction by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not to exceed 60 days, or by both such fine and imprisonment for each violation.
(5) Interferes with mail carriers, meter readers, or other employees performing their duties which may extend on to private property. One hundred dollars first offense, $250.00 second offense, $500.00 third offense and any subsequent violation.
(6) Defecates upon any public property or upon premises not owned or controlled by the owner unless promptly removed. Two hundred and fifty dollar fine for the first offense, $500.00 fine for the second offense, and mandatory court appearance for the third offense and subsequent offenses.
(7) Urinates on property causing damage, in a living area not owned or controlled by the animal owner: including but not limited to porches, patios, balconies, and or furnishings contained thereon. One hundred dollars first offense, $250.00 second offense, $500.00 third offense and any subsequent violation.
(B) It shall be deemed a violation of this section for any person or owner having custody of any animal to walk said animal(s) without a reasonable method for the removal of defection. One hundred dollars first offense, $250.00 second offense, $500.00 third offense, and subsequent offenses.
(Ord. 2000-63, passed 6-13-00; Am. Ord. 2007-20, passed 1-9-07; Am. Ord. 2011-40, passed 4-12-11) Penalty, see 90.99
It shall be deemed a violation of this section for any person to permit any animal to be at large as defined herein.
(A) It shall be a violation of this section when an animal is not under the physical control of a responsible person, by means of a leash, or not in the physical presence of its owner or person in custody of said animal while on the owner’s property, or not confined to the real property of its owner or person who has custody or control of the animal by means of a fence constructed in a manner which serves to keep said animal confined to the property. Additionally, dog(s) must comply with the minimum standards set forth in §§ 90.09, 90.10 and 90.11.
(B) It shall be deemed a violation of this section for the owner of any animal to locate or secure an animal in such a manner that it has access to public property, communal areas, common ground, or the property of another without the written consent of the owner of such property.
(C) It shall be a violation of this section for the owner of any animal to transport any animal in a motor vehicle unless the animal is securely enclosed within the vehicle, or if traveling in an unenclosed vehicle (including but not limited to convertibles, pick up, and flat bed trucks) is confined by a container, cage, or other device that will prevent the animal from reaching, attempting to bite, or biting passers by, from the confines of the motor vehicle.
(D) It shall be deemed a violation of this section for an animal to go at large and bite, scratch or injure any person or animal. Two hundred and fifty dollars first offense, second offense $500.00, third or subsequent violation, mandatory court appearance.
(E) Any animal found by an officer to be in violation of this section may be seized and impounded and, as an alternative or in addition to impoundment, the officer finding said dog at large may issue a citation as provided in § 90.33.
(F) The penalty for an unaltered dog or cat found at large shall be $250.00 first offense, and $500.00 for each offense thereafter. For the purposes of this section, “unaltered” shall mean any dog or cat that has not been spayed or neutered. This penalty shall be waived if proof the has been spayed or neutered is furnished to the Animal Division within 30 days from the citation date.
(Ord. 2000-63, passed 6-13-00; Am. Ord. 2007-20, passed 1-9-07; Am. Ord. 2009-19, passed 1-27-09; Am. Ord. 2011-40, passed 4-12-11) Penalty, see § 90.99
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