§ 4-31. Nuisance.

The following occurrences shall constitute a violation of this section:

(a)

It shall be unlawful for an animal owner to permit an animal, either willfully or through failure to exercise due care and control, to bark, cry, howl, screech, squawk, scream, whine or make any other objectionable noise, in a continuing or repeated manner so as to disturb the comfort, peace, quiet or repose of any person residing in the vicinity;

(b)

Every animal owner, the operator of any kennel, cattery or the operator of any commercial animal facility, excluding commercial livestock operations, shall exercise due care and control so as to maintain the animals, or the premises upon which the animals are kept, in such a manner as to prevent the emission of offensive odors which disturb the comfort, peace or repose of any person residing in the vicinity;

(c)

The owner of an animal shall be responsible for the removal of any solid excreta deposited by his or her animal on public walks, in recreational areas and on private property, other than his or her own;

(d)

An owner allowing a dog or cat to run at large on any public or private property without the consent of the property owner or resident. All dogs and cats, when not on the premises of the owner or on the premises of another person who consents thereto, shall remain under the direct control of a person competent to control such dog or cat, at all times, or shall be kept within a suitable enclosure sufficient to prevent escape. Police dogs, as defined by F.S. § 843.19, shall be exempt from the requirements regarding direct control when such dogs are engaged by a law enforcement agency in an official capacity;

(e)

An owner failing to confine a female dog or cat which is in heat (estrus) so that such animal is not accessible to any male dog or cat, except for controlled and intentional breeding purposes;

(f)

An owner failing to confine an intact male dog or cat which is seeking to breed a female dog or cat in heat (estrus) so that such animal is not able to access such dog or cat, except for controlled and intentional breeding purposes;

(g)

It shall be a violation of this section for the owner of an animal which is killed on a public or private right-of-way to fail to properly dispose of same. If the owner of the animal cannot be determined, it shall be the responsibility of the agency or owner charged with caring for or maintaining said right-of-way to properly dispose of the subject animal;

(h)

No person shall leave food outside during hours of darkness for pets or community cats due to the potential to attract other animals including wildlife that may carry and transmit rabies except in cases where the food is placed inside a trap in an effort to capture an animal. Community cat caregivers, as defined in this chapter, must make every effort to minimize the impact on local wildlife and feed an appropriate amount of food given the number of cats. Measures must be taken to mitigate problems with other residents including but not limited to discarding food that is left over to prevent it from becoming rancid and attracting pests. Feeding areas must be kept free of debris. If caregivers are feeding on another's property, consent must be obtained from the landowner;

(i)

It shall be a violation of the section for an owner to allow an animal to damage, harm, or destroy the property of another;

(j)

When an animal dies on public or private property, it shall be the responsibility of the animal owner or the property owner to remove and dispose of the animal immediately. If the owner is not aware of the presence of the deceased animal, the following procedures should be followed.

(1)

When a dead animal is found on public property, the animal owner shall remove and dispose of same upon notification by the department, agent of the county or any law enforcement officer. It shall be a violation of this section if the owner of the animal should fail to remove same within twenty-four (24) hours of notification. In such an event, the county may remove and dispose of the animal and charge the owner, if known, with the cost of removal and disposal.

(2)

When a dead animal is found on private property, the owner of said animal, or the owner of the property, shall remove and dispose of same upon notification by the department, an agent of the county or any other law enforcement officer. It shall be a violation of this section if the owner of said animal, or the owner of the property, should fail to remove same within a reasonable amount of time. In such an event, the county may remove and dispose of the animal and charge the animal owner, if known, with the cost of removal and disposal, or if unknown, the owner of the property.

(k)

Slaughter of livestock and chickens is prohibited on any non-agriculturally zoned property within the urban growth boundary. Nothing herein shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Ritual slaughter and the handling or other preparation of animals for ritual slaughter is exempt from the regulations herein. Ritual slaughter of livestock shall be subject to the regulations as set forth in F.S. § 828.22—828.26.

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