§ 10-1. 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.

Animal means any living dumb creature.

Animal control division means the animal control division of Okeechobee County, Florida and the animal control officers employed by the animal control division.

Animal control officer means any person designated by the county, who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty; issue citations as provided in this chapter; seize and impound animals; and aid in the enforcement of this chapter or any other law or ordinance relating to the control or seizure and impoundment of animals. The term animal control officer includes any state or local law enforcement officer whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

Animal shelter means any facility operated for the purpose of providing or caring for animals held under the authority of this chapter or by state law. For purposes of this chapter, an animal clinic or veterinary hospital where animals are brought for treatment by their owners shall not be considered an animal shelter provided such facility is under the direct and continuing supervision of a licensed veterinarian.

At large means not limited to any particular place, district, person, matter, or question; open to discussion or controversy; not precluded, free; unrestrained; not under corporal control; as a ferocious animal so free from restraint as to be liable to do mischief; or not under the voice command of the owner or custodian, or a competent person designated by the owner or custodian; fully, in detail; in an extended form.

Attack means an event whereby an unprovoked animal lunges at, runs after, or otherwise chases or approaches a person or another animal and such event either occurs in a threatening or menacing manner or causes some type of injury.

Baiting means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal or to cause an animal to engage in fights with or among other animals. Additionally, the term "baiting" means the use of live animals in the training of racing greyhounds.

Board means the Board of County Commissioners of Okeechobee County, Florida.

Bird means any of various warm-blooded, egg-laying, feathered vertebrates of the class aves, having forelimbs modified to form wings.

Business day means a day that the animal control division is open for public access.

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 may, if contested, hear the charge.

City means the City of Okeechobee, Florida.

Code enforcement officer means any authorized agent of the county whose duty it is to assure code compliance, and who has the power to issue citations as provided in F.S. ch. 162.

Control means the regulation of the possession, ownership, care and custody of animals.

County means Okeechobee County, Florida, acting by and through its board of county commissioners.

Dangerous dog means any dog that according to the records of the county:

(1)

Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

(2)

Has more than once severely injured or killed a domestic animal while off the owner's property;

(3)

Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or

(4)

Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the animal control division.

Domestic animal means any animal, such as the horse or cat, that has been tamed and kept by humans as a work animal, food source, or pet, especially a member of those species that have, through selective breeding, become notably different from their wild ancestors.

Exposed to rabies means any animal that has been exposed to rabies, within the meaning of this chapter, if it has been bitten by, or been exposed to any animal known to have been infected by rabies.

Feral cat means any cat that has no apparent owner or identification and is apparently wild, unsocialized, untamed, or unable to be approached or handled.

Harbor means the performance by any person of one or more of the following in such a manner as to control an animal's activities: acts of care; protection; restraint; refuge; or food or nourishment for five or more consecutive days.

Household means any family, association, corporation, or group residing or utilizing a single structure, lot or parcel of land.

Livestock means all animals of the equine, bovine, or swine class, including goats, sheep, emus, alpacas, mules, horses, hogs, cattle, ostriches, and other grazing animals.

Officer means any law enforcement officer defined in F.S. § 943.10, any animal control officer as defined in this chapter, or any code enforcement officer as defined in F.S. ch. 162.

Owner means a person, firm, corporation or other entity possessing, owning, harboring, keeping, or having control of an animal for more than ten days; or, if the animal is owned by a person under the age of 18 years, that person's parent or legal guardian.

Residential parcel means any lot or parcel of real property upon which one or more dwelling units are constructed or intended to be constructed. Parcels greater than five acres in area within the agriculture future land use category as defined by the Okeechobee County Comprehensive Plan and which are also zoned A-Agriculture as defined by Part II (Land Development Regulations) of this Code are excluded from this definition.

Running at large means wandering or straying of an animal off the premises of the owner or keeper of such animal.

Torture, torment, cruelty means every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused.

Unprovoked means a person or animal who has been conducting himself, herself, or itself peacefully and lawfully.

Vicious means having the nature or quality of being dangerously aggressive or marked by violence or ferocity.

(Ord. No. 2009-01, § 1, 4-9-09)