§ 4-33. Animals found in distress.

(a)

The county may lawfully take custody of any animal found neglected or cruelly treated by removing the animal from its present location, or order the owner of any animal found neglected or cruelly treated to provide certain care to the animal, at the owner's expense, without removal of the animal from its present location. The county shall then file a petition in the county court within ten (10) days after the animal is seized or an order to provide care is issued. The court shall schedule and commence a hearing on the petition within thirty (30) days after the petition is filed to determine whether the owner, if known, is able to adequately provide for the animal and is fit to have custody of the animal. The hearing shall be concluded and the court order entered thereon within sixty (60) days after the date the hearing is commenced. The timeframes set forth herein are not jurisdictional; however, if a failure to meet such timeframe is attributable to the county, the owner is not required to pay the county for care of the animal during any period of delay caused by the county. A fee many not be charged for filing the petition. Nothing herein is intended to require court action for taking custody and properly disposing of stray or abandoned animals.

(b)

If the owner of the animal is known and residing in the county where the animal was seized, the county shall have written notice served upon the owner of the animal at least three (3) days prior to the hearing, in conformance with the provisions of F.S. Ch. 48, relating to service of process. The sheriff of the county may not charge a fee for service of such notice. If the owner of the animal is known but is residing outside of the county wherein the animal was taken, notice of the hearing shall be by publication in conformance with the provisions of F.S. Ch. 49.

(c)

The county shall provide for the animal taken into custody pursuant to this section until either:

(1)

The owner is adjudged by a court to be able to adequately provide for and have custody of the animal, in which case the animal shall be returned to the owner upon payment of all costs associated with the care and provision of the animal while in the custody of the county; or

(2)

The animal is turned over to the county by court order and the animal is adopted, sent to rescue, fostered, transferred or disposed of in a humane and appropriate manner.

(d)

If the court determines that the owner is able to provide adequately for and have custody of the animal, the order shall provide that the animal be claimed and removed by the owner and all fees and costs associated with the care of the animal, while in the custody of the county, be paid within seven (7) days after the date of the order. Failure to remove the animal from the animal control facility within the seven-day period stated above, without providing the department with a reasonable explanation for the delay, shall constitute abandonment of the animal and waiver of the holding periods of section 4-8 hereof, enabling the department to permit adoption or dispose of the animal in a humane and appropriate manner.

(e)

If the court determines that the owner of the animal is unable or unfit to adequately provide for the animal, the court may:

(1)

Order that the current owner have no further custody of the animal and that the animal be sold by the sheriff at public auction or remanded to the county to be disposed of as the county sees fit; or

(2)

Order the animal destroyed or remanded directly to the custody of the county to be disposed of as the county sees fit.

(f)

Upon proof of costs incurred by the county, the court may require that the owner pay for the care of the animal while in the custody of the county. A separate hearing may be held to determine the total costs incurred.

(g)

If the court determines that the owner is unable or unfit to adequately provide for the animal, the court may order that other animals in the custody of the owner, which were not seized by the county, be turned over to the county. The court may enjoin the owner from further possession or custody of animals or limit the number of animals an owner may possess without regard to the limitations set forth in section 4-30 hereof.

(h)

In determining a person's fitness to have custody of an animal, the court may consider, among other matters:

(1)

Testimony from the agent or officer who seized the animal and other witnesses as to the condition of the animal when seized and as to the conditions under which the animal was kept;

(2)

Testimony and evidence as to the veterinary care provided to the animal;

(3)

Testimony and evidence as to the type and amount of care provided to the animal;

(4)

Expert testimony as to the community standards for proper and reasonable care of the same type of animal;

(5)

Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody;

(6)

The owner's past record of judgments under the provisions of this section;

(7)

Convictions for cruelty to animals;

(8)

Any other evidence the court considers to be material or relevant.

(i)

If the evidence indicates a lack of proper and reasonable care of the animal, the burden is on the owner to demonstrate by clear and convincing evidence that he or she is able and fit to have custody of and adequately provide for the animal.

(j)

In any case in which an animal is offered for auction, the proceeds shall be applied as follows:

(1)

First, to the cost of the sale;

(2)

Second, to the care of and provision for the animal by the county;

(3)

Third, to the payment of the owner for the sale of the animal;

(4)

Paid over to the court if the owner is not known.

(Ord. No. 2017-49, § 1, 8-7-17)