§ 14-1. 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 the leaving of an animal without food, water, and protection from the elements or other care generally considered to be normal for the animal's health and wellbeing by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal. An animal will not be considered abandoned if the owner or keeper 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 24 hours.

Animal means every living nonhuman creature.

Animal control officer means a person employed or appointed by the city authorized to enforce this chapter.

Animal exposed to rabies means an animal bitten by or associated with any animal determined or suspected by the county health officer or the animal control officer to be infected with rabies.

Animal quarters means the premises and all buildings, pens, yards and their appurtenances used for the keeping of dogs and cats or other domesticated animals.

Animal under restraint means any dog or cat or other domesticated animal secured by a leash or lead, confined within a vehicle, or confined within the real property limits of its owner.

At large means a dog or cat or other domesticated animal, not under the direct control of the owner (whether licensed or unlicensed).

Cats mean animals that are members of the feline family that are accustomed to living in or about the habitation of humans and have been domesticated.

Control means the regulation of the possession, ownership, care and custody of cats and dogs or other domesticated animals and having authority over a domesticated animal whether or not under restraint.

Cruelty means a person who knowingly, or with criminal negligence overdrives, overworks, tortures, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates, needlessly kills or, having the charge or custody of any animal, fails to provide it with proper care by failing to provide adequate food, drink or protection from the weather or abandons it.

Dangerous animal means any animal, other than a dangerous dog as defined in this section, that has made an unprovoked attack on any person or animal or has been trained to attack on command. Additionally, dangerous animal means all animals that by reason of their wild nature, training, venomous characteristics, size or other attributes pose a special hazard to humans or other animals. The term shall include but is not limited to bears, lions, leopards, cheetahs, venomous or vicious reptiles, piranha, sharks, poisonous insects and spiders, alligators and crocodiles, attack dogs, tigers, eagles, hawks, simians, large primates, elephants and gila monsters. Any rabies-susceptible animal that, because of the nonavailability of a licensed vaccine, cannot be vaccinated against rabies shall also be deemed a dangerous animal.

Dangerous dog means any dog that according to the records of the appropriate authority:

(a)

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

(b)

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

(c)

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

(d)

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 appropriate authority.

Direct control means the immediate, continuous physical control of an animal at all times such as by means of a leash, cord, secure fence, or chain of such strength to restrain the animal and controlled by a person capable of restraining the animal, or safe and secure restraint within a vehicle.

Dogs mean animals that are members of the canine family that are accustomed to living in or about the habitation of humans and have been domesticated.

Domesticated animal means an animal accustomed to living in or about the habitation of humans.

Fowl means all kinds of birds, whether wild or domesticated.

Harass means to annoy, bother, disturb, plague or torment repeatedly and persistently.

Holding facility means any one or combination of a pet shop, kennel, cattery, or riding school or stable, or any facility the city commission may designate.

Kennel means any facility where dogs or cats are kept, maintained, cared for, boarded (whether or not for sale) for the purposes of breeding or for the purposes of sale.

Licensed veterinarian means all veterinarians actively engaged in the practice of that profession in the state who are duly registered and licensed as such by the state, and who are authorized to vaccinate dogs and cats against rabies and to execute certificates of vaccination.

Livestock means all animals of the equine, bovine or swine class, including but not limited to goats, sheep, mules, horses, hogs, cattle and other grazing animals.

Mistreat means every act or omission, which causes or unreasonably permits the continuation of unnecessary abuse or unjustifiable pain or suffering.

Neglect means failure to provide food, water, protection from the elements, exercise, change of air, or other care generally considered to be normal, usual and accepted for an animal's health and well-being consistent with the species, breed and type of animal.

Offensive odor means any animal body odor or smell, or fecal matter odor or smell, emanating from the property.

Owner means any person owning, keeping, harboring, possessing or having control or custody of a domesticated animal or, if the animal is owned by a person under the age of 18, that person's parent or guardian.

Poultry means any animal belonging to the family Phasianidae, including but not limited to, chickens, roosters, turkeys and peacocks, and any animal belonging to the family Anatidae, including but not limited to geese and ducks.

Public nuisance animal is an animal as described in section 14-2.

Public nuisance facility means any holding facility harboring a public nuisance animal.

Severe injury means any physical injury that results in a broken bone, multiple bites, or a disfiguring laceration requiring sutures or reconstructive surgery.

Shelter means a secure weather resistant structure which protects an animal from exposure to the elements including but not limited to rain, cold, wind and heat, and in size a minimum of six inches higher than the animal's height at full stand with head erect, one and one-half the animal's full body length, and sufficient in width to permit the animal to turn around.

Sheriff means the Volusia County Sheriff or his or her designee.

Stray animal means any unlicensed or unattended animal of the owner.

Ungulates mean any and all animals having hooves.

Unprovoked means that the person, who has been conducting himself or herself peacefully and lawfully, has been bitten or chased in a menacing fashion or attacked by a dog.

Venomous reptiles mean all reptiles producing venom.

Vicious animal means any animal that has made unprovoked attacks on any person or animal or has, for no apparent reason, caused bodily harm to any person or animal.

Wholesome exercise means uninhibited movement for a period of time sufficient for the physical well-being of an animal, considering the size, age, and breed of that animal.

Wild animal means any animal not accustomed to living in or about the habitation of humans.

Zoological park means a zoological garden or collection of living animals kept for public display and exhibition, holding permits to exhibit and keep certain animals as required by state and federal law, including but not limited to permits from the Florida Fish and Wildlife Conservation Commission or the United States Department of Agriculture.

(Ord. No. 96-51, § 1, 10-7-1996; Ord. No. 04-98, § 1, 2-2-1998; Ord. No. 20-02, § 1, 8-19-2002; Ord. No. 06-06, § 1, 4-17-2006; Ord. No. 22-2006, § 1, 9-6-2006; Ord. No. 33-2008, § 1, 9-15-2008)

Cross reference

Definitions generally, § 1-2.