§ 4-3. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner. An 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 twenty-four (24) hours.

Animal means any living non-human creature.

Animal abuse offense shall mean the commission of any act that constitutes the criminal offense of:

(1)

Cruelty to animals under F.S. § 828.12;

(2)

Fighting or baiting animals under F.S. § 828.122;

(3)

Killing a dog or cat with the intent to sell or give away its pelt under F.S. § 828.123;

(4)

Killing or aggravated abuse of horse or cattle under F.S. § 828.125;

(5)

Sexual activities involving animals under F.S. § 828.126;

(6)

Confinement of animals without sufficient food, water, or exercise under F.S. § 828.13.

Animal abuser means any person eighteen (18) years of age or older convicted of an animal abuse offense in Osceola County for conduct that occurs on or after January 1, 2019, except youthful offenders whose convictions or adjudications include sealed records.

Animal abuser link shall mean the online link at Osceolaclerk.com identifying persons convicted in Osceola County of an animal abuse offense that occurs on or after January 1, 2019.

Animal control officer means any person employed or appointed by the county to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations.

Appropriate disposition means an animal is adopted, sent to rescue, fostered, transferred, reclaimed by the owner, or euthanized. This definition excludes any cat that qualifies as a community cat under this chapter.

At-large means an animal, except those meeting the qualifications of a community cat as defined herein, that is off the premises of its owner and not under the direct control of a competent adult by means of a leash, cord, chain, bridle, rope, halter or other appropriate physical restraint. In the case of dogs, in addition to the above, at-large means a dog that is on the premises of its owner and is not under the direct control of a competent adult by the means described above or confined to the property by a secure fence or other appropriate enclosure or physical restraint designed to confine the dog to the property. An animal engaged in hunting, agricultural tasks, ranching tasks, competition, trial or a show, or at a recognized dog park, while being supervised in a manner which is necessary under the circumstances, shall not be considered at-large.

Community cat means any free roaming cat that may be cared for by one or more residents in the area, known or unknown. Community cats that are ear-tipped indicate the animal is sterilized and vaccinated against rabies at least one time. A community cat may also mean a cat that is found outside with no valid identification that is brought to the animal shelter and is not yet sterilized, ear-tipped, and rabies vaccinated.

Community cat caregiver means a person who provides care to a community cat in the form of food, water, shelter and veterinary care, while not being considered the owner, custodian, harborer, possessor, or keeper of a community cat.

Complaint means any verbal or written notification filed with the county or the Osceola County Sheriff's Office or another law enforcement agency regarding animal issues in Osceola County.

Convicted or conviction means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether or not adjudication is withheld.

County means Osceola County.

County manager means the county manager or a designee thereof.

Department means the Osceola County Animal Services Department.

Director means the director of the Osceola County Animal Services Department or a designee thereof.

Ear-tipped refers to removing approximately a quarter-inch off the tip of the cat's left ear in a straight line cut.

Livestock means grazing animals, such as cattle, horses, sheep, swine, goats, other hoofed animals, ostriches, emus and rheas, raised for private or commercial use.

Material error means error that reasonably might have affected the outcome.

Officer means any animal control officer or any law enforcement officer as defined by F.S. § 943.10.

Owner means any individual or entity owning, harboring or having control, custody or possession of an animal; any individual or entity who feeds or shelters an animal for a period of fourteen (14) days or more; or any individual or entity who knowingly permits an animal to remain on the property of said individual or entity for a period of fourteen (14) days or more, consecutive or not. If an animal is owned by an individual under the age of eighteen (18), the parent or guardian of that individual is deemed to be the owner of the animal. Community cat caregivers are not owners as defined in this chapter.

Pet seller means any individual or person, partnership, firm, corporation or other entity which offers animals for sale or is engaged in the sale, exchange, or other transfer of ownership of animals.

Proper shelter for a dog means a structure with three (3) sides, a top and a bottom, a waterproof roof, that is structurally sound, and is sufficient to protect the animal from the elements with space to stand up, sit down, turn around, lie down, and stretch out. The structure must also provide for adequate ventilation, exchange of fresh air, and maintain a temperature that is appropriate for the safety and well-being of the animal. The structure and surrounding areas shall be free of trash or waste so as not to threaten the physical well-being of the animal. Examples of inadequate shelter include, but are not limited to, lean-tos, cardboard boxes, airline carriers, vehicles, uncovered porches or decks, or any material that does not provide sufficient protection from the elements.

Service animal means an animal that meets the definition as set forth in federal and state law.

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

Sterilize means rendering an animal permanently incapable of reproduction.

Urban growth boundary means the area as defined in the Osceola County Comprehensive Plan.

Valid identification means any form of identification that is found on an animal which provides current owner contact information.

Veterinarian means an individual licensed to practice veterinary medicine in the State of Florida.

Working day means any day the county animal shelter is open for business including Saturday when applicable.

(Ord. No. 2017-49, § 1, 8-7-17; Ord. No. 2018-25, § 1, 4-9-18; Ord. No. 2018-69, § 1, 11-5-18)