§ 10-1. Definitions.

For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Adult dog or cat shall mean any dog or cat that is four months of age or older.

Animal means any live, nonhuman vertebrate creature, domestic or wild.

At large shall mean an animal not under the physical control of the owner, a member of the owner's family, or an individual designated by the owner to have custody of the animal by means of leash, cord, or chain or person in custody of said animal, not confined to the real property of its owner or person in custody by means of a fence constructed in a manner which serves to keep said animal confined to the property. "At large" shall not include dogs actually working livestock, locating or retrieving wild game in season for a licensed hunter, or a dog being trained to work livestock or retrieve wild game.

Citation shall mean a written notice issued to a person by an officer with probable cause to believe that the person has committed a civil infraction in violation of this chapter or an electronically generated notice issued to a person at a division facility or by certified mail/return receipt requested.

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

Cruelty shall mean every act, omission or neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue when there is reasonable remedy or relief, except when done in the interest of medical science.

Farm animal shall mean any animal commonly used for agricultural purposes, including, but not limited to pigs, sheep, goats, horses, crows, roosters, ducks or other fowl, and cow, bull, or steer.

Harboring shall mean the act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter or care for a period of at least 48 hours.

Home confinement shall mean the animal is kept isolated from the public within the owner's physical dwelling or attachment thereon or, if outside, chained in the owner's yard or under the immediate control of the owner or member of the owner's family.

Immediate shall mean that the pet solid waste is removed at once, without delay.

Juvenile dog or cat shall mean any dog or cat that is at least two months of age but not older than four months of age.

Kennel shall mean any place of business at which dogs or cats are kept for sale, breeding, boarding, treatment or grooming purposes as allowed by the zoning regulations of the City of Quincy, Florida. "Kennel" shall not include any humane society, animal protection agency or veterinarian clinic.

Officer shall mean any law enforcement officer defined in F.S. § 943.10 or any animal control officer.

Owner shall mean any natural person, firm, association or corporation who owns, keeps, harbors or controls an animal and the knowledge and acts of agents and employees of corporations in regard to animals transported, owned, employed by or in the custody of a corporation shall be held to the knowledge and act of such corporation. If the owner is a minor as defined by statute, the minor's parent(s) or legal guardian shall be the owner for the purposes of this chapter.

Owner/keeper shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

Pet shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

Pet solid waste shall mean waste matter expelled from the bowels of the pet; excrement.

Pound means a facility operated for the purpose of impounding animals.

Proper disposal shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

Public nuisance means any animal which:

(1)

Molests passersby or passing vehicles;

(2)

Attacks other animals;

(3)

Trespasses on school grounds;

(4)

Is at large or is not under restraint;

(5)

Is in estrus and unconfined;

(6)

Damages public or private property;

(7)

Barks, whines, or howls in an excessive, continuous or untimely fashion; or

(8)

Is a vicious animal.

Restraint shall mean any animal secured by a leash or lead, or within the real property limits of its owners.

Vicious animal shall mean bull terrier, yorkshire terrier, doberman pinscher or rottweiler or any dog that is one-quarter of the above, any animal which has bitten or attempted to bite or otherwise attack, harm, or inflict serious injury to any human or another animal without provocation, or which is known or should be known to have a propensity to bite, attack, or otherwise harm or cause serious injury to persons or another animal upon public or private property, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by an officer, or has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting.

Wild animal shall mean any nonhuman primate, raccoon, skunk, fox, ferret, poisonous snake, leopard, panther, tiger, lion, lynx, or any other animal so classified by the Florida Game and Fresh Water Fish Commission.

(Code 1958, § 6-11; Ord. No. 917, § 1, 1-9-01; Ord. No. 969, § 1, 10-28-03; Ord. No. 1051 , 3-26-13)