§ 6-2. Definitions.
As used in this chapter, the following words and phrases will have the following meanings, unless the context clearly indicates otherwise:
Abandonment means the forsaking or neglecting or refusal to provide or perform the legal obligations for care and support of a domestic animal by its owner, harborer or agent.
Affidavit means a voluntary sworn declaration, in writing, made before competent authority.
Animal means any living, dumb creature.
Animal control authority means the Sheriff of Hernando County and his/her designated agents.
Animal control officer means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals. An animal control officer is only authorized to bear arms or make arrests upon being certified as a law enforcement officer by the state pursuant to chapter 943, Florida Statutes.
Animal services shall mean the Hernando County Animal Services Department.
Animal shelter means a public or private facility designated or recognized by the animal control authority for the purpose of impounding and caring for animals.
At large means off the premises of the owner or harborer and not under custody, charge or possession of the owner or harborer by means of physical restraint. A dog or horse used in the aid of an law enforcement officer, as defined in section 843.19(1), Florida Statutes while in use by a law enforcement agency, shall not be deemed to be at large. Domestic animals performing at sanctioned events, engaged in training, performance events, or hunting activities by their respective organizations or affiliates thereof, shall not be deemed to be at large.
Board means the Board of County Commissioners of Hernando County, Florida.
Breeder means any person that owns, harbors, or keeps dogs or cats that reproduce more than twenty (20) animals in any rolling (consecutive) 12-month period for any purpose.
Business kennel means any establishment which offers or provides services for remuneration, including, but not limited to, hoarding, care, grooming, breeding, stud services, or sale of offspring of adult dogs and cats. Business kennel does not include any property or structure where a Florida state licensed veterinarian practices and has a premises permit, as required by F.S. ch. 474, or any property or structure used as a veterinary hospital, medical research laboratory, pari-mutuel dog racing establishment, or any governmental agency, or to any hoarding kennel operated in conjunction with any of the foregoing.
Caretaker means a person who cares for, looks after, and is responsible for property and animals in the absence of their owner. Such person may be found to have taken on the responsibility pursuant to direct agreement with the owner, or by imputation through their actions in providing adequate food, water, shelter, and otherwise caring for the subject animals.
Cat means the domestic house cat, Felis catus.
Chemical capture means the impoundment of an animal using a tranquilizing drug rendering the animal immobile.
Chronically at large means an animal that has been found at large more than two (2) times in any twelve-month period.
Citation means a written notice, issued to a person by an officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge pursuant to section 828.27, Florida Statutes.
Community cat shall mean a stray cat which has been spayed/neutered, vaccinated, and ear-tipped.
Community cat caregiver means a person who, in accordance with a trap-neuter-return ("TNR") program, provides care to a community cat. A community cat caregiver shall not be considered the owner or harborer of a community cat. The provision of care to a community cat by a community cat caregiver shall not be considered a "use" of real property that is regulated by Hernando County's land development regulations.
County means Hernando County, Florida.
County health officer means the Hernando County Public Health Unit Director or his or her designee.
Cruelty means any act of cruelty prohibited by section 828.12, Florida Statutes, as that statute may be amended from time to time.
Department means the Hernando County Animal Services Department, or its designee.
Direct control means immediate and continuous physical control of animal at all times such as by means of a fence, leash, cord or chain of sufficient strength to restrain the animal; or in the case of specifically trained working, agricultural or hunting animals which immediately respond to such commands while working; direct control shall also include aural or oral control, if the controlling person is at all times clearly and fully within the unobstructed sight and hearing of the animal.
Dog means the domestic dog, Canis lupus familiaris.
Domestic animal means any equine or bovine animal, goat, sheep, swine, dog, cat, poultry, or other domesticated beast or bird.
Eartipping means straight-line cutting of the tip of the left ear of a cat while the cat is anesthetized.
Enclosure means any place where any dog or cat is maintained outdoors including, but is not limited to, a fenced yard, kennel, or run and the dog or cat shall be provided proper shelter within such enclosed area. The enclosure shall be suitable to prevent the escape of the dog or cat or the entry of young children. The enclosed area shall be large enough for the dog's or cat's size and temperament, considering the number of dogs or cats that may be using the enclosure at any given time. For dogs, the enclosure shall be large enough for each dog to achieve a running stride. It shall include a shaded area, either by natural or artificial means that is large enough during all hours to shade all dogs or cats in the enclosure without crowding. The enclosure and surrounding area shall be free from trash, standing water, and cleaned regularly to remove accumulated waste and debris, parasites, including fleas, ticks and rodents so as not to threaten the physical wellbeing of the dog or cat. Each dog or cat housed in the primary enclosure, shall be provided wholesome food and a continuous supply of visibly clean, fresh water provided in a sanitary manner and in a container sized appropriately for the dog's or cat's species and size.
Excreta means any waste product such as sweat, urine, or feces, discharged from the body of the animal.
Exotic animals means an animal of a non-domesticated species not commonly kept as a household pet or for food and fiber production. Exotic animals may or may not be native to the area and may or may not be governed by existing wildlife regulations.
Fee means charges for services and/or licenses as set from time to time by resolution of the board of county commissioners.
Feral means undomesticated or wild.
Feral cat means a cat that is born in the wild or is the offspring of an owned or feral cat and is not socialized or is a formerly owned cat that has been abandoned and is no longer socialized.
Fowl means poultry of any kind, including, but not limited to, chickens, pheasants, guineas, turkeys and geese.
Harborer means any person that possesses, or has custody, or controls, or gives shelter, feeds, confines, boards, keeps, houses, or is in charge of, or tends, any animal, or who permits an animal to remain on or about any premises occupied or controlled by such person, for five (5) consecutive days or more.
Hybrid means any offspring resulting from the mating of two (2) distinctly homozygous animals and is synonymous with "heterozygous." Offspring resulting from the mating of two (2) animals of the same species (e.g., mongrel dogs, mixed-breed cats, etc.) are excluded from this definition.
Large kennel means any person or entity who owns, harbors or keeps more than fifteen (15) dogs or cats, in aggregate, at a property or structure, for any purpose, including, but not limited to, housing, boarding, breeding, training, show or exhibition, hunting, sale, rescue, adoption or personal pet or use. Large kennel does not include any property or structure where a Florida state licensed veterinarian practices and has a premises permit, as required by F.S. ch. 474, or any property or structure used as a veterinary hospital, medical research laboratory, pari-mutuel dog racing establishment, or any governmental agency, or to any hoarding kennel operated in conjunction with any of the foregoing.
License tag means a county animal license tag issued pursuant to this chapter.
Licensed veterinarian means any person who is licensed to engage in the practice of veterinary medicine in Florida under the authority of chapter 474, Florida Statutes.
Livestock means grazing animals for farm purposes, including, but not limited to, fowl, cattle, sheep, swine, horses, mules, goats and offspring thereof which are used for private use or commercial purposes.
Microchip means an electronic animal identification device.
Neglect means a failure to act to provide an animal for which the person has a duty of care for appropriate health and safety, including, but not limited to, the failure to provide adequate food, water, shelter, necessary veterinary care or confinement appropriate for its species, breed, age, and condition.
Nuisance means, for purposes of a TNR program, conduct by a community cat that includes, but is not limited to habitually or continually howling, crying or screaming or habitually and significantly destroying, desecrating or soiling property against the wishes of the owner of the property.
Officer means any law enforcement officer defined in section 943.10, Florida Statutes, or any animal control officer.
Ordinance means any ordinance relating to the care or control of animals enacted by the board, the violation of which is a civil infraction.
Owner means any person, firm, corporation, or organization possessing, harboring, keeping or having control or custody of an animal, or, if the animal is owned by a person under the age of eighteen (18), that person's parent or guardian. For the purposes of this chapter, a person is presumed to be the owner of an animal if the animal was purchased by, gifted to, adopted by, or fed by the person for a period of fourteen (14) days or longer.
Owner-surrender animals means domestic dogs or cats that surrendered to animal services by their owner.
Pet means any animal kept for pleasure rather than utility.
Pet dealer means any person that offers for sale, has sold, or intends to sell, either concurrently or in aggregate, more than twenty (20) dogs or cats in any rolling (consecutive) 12-month period. This shall include, by way of illustration and not limitation, pet shops and persons.
Pound seizure means claiming of excess animals for research or experimentation.
Provocation means any act that causes an animal to bite or scratch, or attack in protection of self, offspring, owner or owner's premises.
Quarantine shall have the same definition as provided for in section 585.01(16), Florida Statutes, as that statute may be amended from time to time.
Severe injury means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
Shelter shall include, but is not limited to, a permanent structure with four (4) sides, a solid roof, and a solid bottom. Any structure in which a dog or cat is housed must be well ventilated with fresh air by means of windows, doors, vents, or fans. The structure shall protect the dog or cat from injury. The shelter shall have an entryway that the dog or cat can easily enter and exit in a natural manner and protects the dog or cat from exposure to the elements. The structure shall be weather proof and structurally sound, with insulation appropriate to local climatic conditions and sufficient to protect each dog or cat from inclement weather; the direct rays of the sun, wind, and rain; be constructed to allow each sheltered dog or cat freedom of movement to make normal postural adjustments, including the ability to stand up, turn around and lie down with its limbs outstretched in a normal posture. The dog or cat shall be provided clean, dry bedding, or shall have a clean, solid resting place that is appropriate for the dog's or the cat's size, age, health, and physical condition. The shelter shall be properly lighted to provide a regular lighting cycle of either natural or artificial light corresponding to the natural periods of daylight unless otherwise directed by a licensed veterinarian. Structures with wire, grid, or slat floors which permit the dog's or the cat's feet to pass through openings, sag under the dog's or cat's weight or which otherwise do not protect the dog's or cat's feet or toes from injury are prohibited. Examples of inadequate shelter include, but are not limited to, lean-tos, metal drums, wire or airline carrier crates, cardboard boxes, abandoned vehicles, porches, decks, or material that does not provide sufficient protection from the elements.
Small fur bearers means rabbits, ferrets, hamsters, gerbils, guinea pigs and mice which are kept as domesticated animals or pets.
Stray animal means any animal that has wandered from its owner's property or whose ownership is unknown by the animal services division.
Tether means to restrain a dog or cat by tying the dog or cat to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash or lead to walk a dog or cat. Notwithstanding the foregoing, a dog or cat may be tethered while actively participating in or attending an organized show, field trial, agility event, herding contest or other similar exposition or event, of a limited duration, that involves the judging or evaluation of a dog or cat. Tethering regulations only apply to dogs or cats.
TNR means trap, neuter and return.
TNR program means a protocol pursuant to which stray cats are trapped, neutered or spayed, eartipped, vaccinated against rabies, and returned to the location where they congregate, in accordance with this article.
Trap means a humane, mechanical device for the purpose of impounding unrestrained animals.
Veterinarian means a veterinarian duly licensed and registered by the state or licensing area in which the veterinarian is practicing.
Voucher means a written statement showing receipt for money that can be redeemed for services at a later date.
Wildlife means any mammal, bird or reptile traditionally considered wild which is the responsibility of the state fish and wildlife conservation commission pursuant to sections 372.001 and 372.072(d)(a), Florida Statutes, as those statutes may be amended from time to time.
Working dog means a dog kept for the primary purpose of hunting, herding, search and rescue, livestock protection or similar vocations.
(Ord. No. 2012-12, § 2, 11-13-12; Ord. No. 2016-6, §§ 1a—c., 5-10-16; Ord. No. 2016-13, §§ 1.a—c., 7-26-16; Ord. No. 2018-6, § 1, 3-27-18; Ord. No. 2018-19, §§ 2, 7, 10-9-18)
Editor's note
Ord. No. 2018-19, §§ 2, 7, adopted October 9, 2018 provided that the amendment to section 6-2 contained in § 2 of said ordinance shall sunset on November 1, 2023 as it existed prior to adoption of said ordinance shall remain in full force and effect.