§ 5-18. Impounding; animals found in distress; redeeming by owner; disposition of unredeemed animals; livestock at large.

(a)

The Department may impound an animal at a place maintained or designated for that purpose whenever:

(1)

An animal is a stray or livestock is found at large in any manner or a dog has been found at large in any manner in violation of Section 5-20; or

(2)

The animal's owner has voluntarily surrendered ownership of the animal to the Department; or

(3)

An animal has been abandoned. For purposes of this section, "abandon" means to forsake entirely or to neglect or to refuse to provide or perform the legal obligations for care and support of an animal by its owner or the owner's agent. An animal shall be deemed abandoned if it has been placed in the custody of a licensed veterinarian or kennel and it has not been redeemed after a period of more than ten (10) days after written notice is given to the owner or the owner's agent at the last known address; any such animal may be turned over to the Department for disposition at the discretion of the Director or designee in any lawful manner, as provided in Section 705.19, Florida Statutes. Abandonment shall constitute the relinquishment of all rights and claim by the owner to such animal; or

(4)

An Animal Control Officer finds that an animal is or will be without proper care because the owner is unable to care for the animal due to injury, illness, incarceration, or other involuntary absence; or

(5)

The Department receives an animal from a law enforcement agency.

(b)

Prior to disposing of any animal, the Department will make reasonable efforts to identify and notify the animal's owner. The owner may redeem the animal upon payment of the redemption fees provided in this section. Missing animals may be reported to the Department, on a form prescribed by the Director for that purpose. An animal voluntarily surrendered by its owner to the Department, however, shall become the immediate property of the Department and may be immediately disposed of pursuant to this section.

(c)

Confinement period. Animals impounded pursuant to this section shall be confined by the Department for a period of three (3) days, except as provided herein.

(1)

The confinement period shall be three (3) business days for: animals impounded because the owner is unable to care for the animal due to injury, illness, incarceration, or other involuntary absence; and animals received from a law enforcement agency where there is a known owner.

(2)

The confinement period for puppies shall be 24 hours, except as provided in subsection (1) above.

(3)

Animals that have been voluntarily surrendered by their owners to the Department shall not be subject to any confinement period.

(4)

Animals that have been abandoned while in the custody of a licensed veterinarian or kennel and that have been turned over to the Department after the 10-day notice period required by Section 705.19, Florida Statutes, shall not be subject to any confinement period.

(5)

Cats shall not be subject to any minimum confinement period, except as provided in Section 5-18(c)(1) above.

(d)

Redemption of Impounded Animals. Animals impounded by the Department shall be released to their owners upon presentation of proof of ownership and after proper vaccination, licensing, implantation and registration of a microchip in dogs, and payment of impounding fees and redemption charges established by implementing order approved by the Board of County Commissioners. An owner's agent may redeem an animal upon presentation of the foregoing information as well as proof of agency.

(1)

For purposes of this section, proof of ownership shall include: information registered with the Department; information contained on a microchip implanted in the animal and registered with the Department and/or the applicable national microchip registry; pictures of the animal; the reaction of the animal to the purported owner; and evidence provided by a licensed veterinarian who has treated the animal.

(2)

Additional fees or redemption charges, established by implementing order approved by the Board of County Commissioners, shall be assessed in the following circumstances:

(i)

Impoundment of a female dog while "in heat."

(ii)

Impoundment of an intact dog.

(iii)

An owner has, within a twelve-month period, redeemed more than one animal or the same animal on more than one occasion.

(e)

Those animals not redeemed by an owner within the foregoing confinement period may, at the discretion of the Director or designee, be put up for adoption, released to approved animal rescue organizations, humanely euthanized, or such other humane disposition as the Director or designee shall deem appropriate. It is provided, however, that such animals may not be released to any medical school, college, university, person, association, corporation, or individual for experimentation or vivisection purposes, or to any person, firm, corporation, or individual providing, selling, or supplying animals to any medical school, college, university, person, association, corporation, or individual for experimentation or vivisection purposes.

(f)

Nothing contained in this section shall restrict the ability of an Animal Control Officer or law enforcement officer to take custody of a neglected or mistreated animal as provided in Section 828.073, Florida Statutes.

(g)

Livestock Running at Large. It shall be unlawful for any owner of livestock to unlawfully, intentionally, knowingly, or negligently permit the livestock to run at large or stray or to release livestock, after being impounded, without authority of the impounder.

(Ord. No. 08-10, § 3, 1-22-08; Ord. No. 15-117, § 6, 10-6-15)