ORDINANCE NO.1171  AN ORDINANCE OF THE CITY OF LYNN HAVEN, FLORIDA, AMENDING THE CITY'S CODE OF ORDINANCES RELATED TO ANIMALS; UPDATING DEFINITIONS; CLARIFYING PROHIBITED NUISANCES; PROVIDING REQUIREMENTS FOR THE KEEPING AND SANITATION OF FOWL; PROHIBITING THE EXCLUSION OF SERVICE ANIMALS FROM PUBLIC PLACES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN  IMMEDIATELY EFFECTIVE DATE.  BE IT ENACTED BY THE PEOPLE OF THE CITY OF LYNN HAVEN IN BAY SECTION1. From and after the effective date of this Ordinance, Chapter 10 of the City's Code of Ordinances related to Animals, is amended to read as follows (new text  COUNTY, FLORIDA:  bold and underlined, deleted text struekthreugh):  Lynn! Haven, Florida, Code of Ordinances  Created: 2024-05-03: 12:59:28 [EST]  (Supp. No.: 15)  Page 1of35    Subpart A- GENERAL ORDINANCES Chapter 10 ANIMALS ARTICLE 1. IN GENERAL  ARTICLEL ING GENERAL Sec. 10-1. Definitions.  The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to Adequate shelter means provision of and access to, a structure with a roof, which is dry, clean, and  them ini this section, except where the context clearly indicates a different meaning: designed to provide access to shade and to protect the animal from the elements. Adult animal means an animal that has reached five months of age. amphibians and fish and/oranimals as defined in F.S. 828.02.  Animal means any live vertebrate creature, except for humans, including mammals, birds, reptiles, Animal control officer means any person who is employed or appointed by the city who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and toi issue citations as provided by state law and this chapter. An animal control officer is not authorized to bear arms or make arrests. All duties that may be performed by an animal control officer may also be Animal shelter means any facility provided by the city, either directly or by contract, and approved by the health department fori impounding or caring for animals held under authority ofs state law or this chapter. At large means any animal off the property of its owner and not under direct control of a competent person. An animal that is not owned and is wandering about on either public or private property will be Caretaker means any person, household, firm, corporation, or other organization temporarily possessing, harboring, keeping, orh having temporary control or custody ofa an animal; a person must bea age: 18 or older to be considered the caretaker of an animal. Ifa person under the age of 18 is considered the caretaker of the animal, the parents or legal guardians shall be considered the caretakers of the animal and Commercial animal establishment means any pet shop, grooming shop, riding school or stable, zoological Cruelty means any act defined as cruelty by state law and any act of neglect, torture or torment that Custom processing means the slaughtering, eviscerating, dressing, or processing of an animal or the processing of meat products by a custom processor for the owner oft the animal or oft the meat products. Custom processor means a person who slaughters animals or processed non-inspected meat (not under continuous inspections by either the Florida Department of Agriculture or U.S. Department of Agriculture for slaughterhouse activities) fori the owner of animals and returns the meat products derived from the Day, unless a provision in this chapter specifically states otherwise, any reference to "day" shall mean a  performed by any! law enforcement officer.  deemed to be at large.  responsible for all matters involving that animal.  park, circus, performing animal exhibition, or commercial kennel. causes unjustifiable pain or suffering to an animal.  slaughter or processing to the owner.  calendar day. (Supp. No. 15)  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  Page 2 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE1. IN GENERAL  Direct control means either:  (1) Immediate, continuous physical control ofa dog by means ofal leash, cord, or chain; or (2) Auralororal controli ift the dogi is responds to aural or oral commands and the controlling person is at all times clearly and fully within unobstructed sight and hearing oft the dog.  (3) Control by an electronic collar  Domestic means tame, usually by generations of breeding, and living in close association with humans as a pet, work animal, or farm animal in such a way that creates a dependency on humans. Feral means a wild animal that exists in an untamed state or that has returned to an untamed state generally not socialized to human contact and is no longer considered domesticated. Feral animals shall Fowl means chickens, geese, ducks, turkeys, ostriches, and other types of domesticated barnyard fowl Health department means the county public health unit, a unit oft the state department of health. Kennel means any person engaged int the commercial business ofbreeding, buying, selling, or boarding of animals, except a licensed veterinary hospital where a graduate licensed veterinarian is in charge. An Livestock means cattle, hogs, goats, horses, mules, sheep, and other domesticated farm animals. Owner means any person, household, firm, corporation, or other organization possessing, harboring, keeping, or having control or custody of an animal fors seven consecutive days or more: a person must be age 18 or older tol be considered thel legal owner ofa ananimal. Ifap person undert the age of18isconsidered the owner of the animal, the parents or legal guardians shall be considered the legal owner of the animal and responsible for all matters involving that animal. There shall be a rebuttable presumption that the person's name appearing on any animal's registration or radio frequency identification device (RFID), Person means any individual person, firm, corporation, or other organization. The knowledge and acts of agents and employees of a firm, corporation. or other organization, with regard to the treatment of animals owned, in the custody of or transported by such firm, corporation or other organization, shall be Pet means an animal, including, but not limited to, a dog, a domestic cat, a rodent such as a guinea pig, a hamster, a gerbil, a domestic rat, or a domestic mouse, a domesticated but not a wild ferret, al lagomorph such as a rabbit, ai fish, or a reptile, kept as subordinate to residential use for the purpose of providing human companionship. Fowl, livestock, hoofed animals ofany type (with thes sole exception ofa bonai fide purebred miniature Vietnamese potbellied pig which are in compliance with all applicable provisions of chapter 10), predatory animals such as lions, tigers, ocelots, pumas, and the like, ora any animals ofatype which are normally raised to provide food for people shall not be considered pets. For the sake of protecting the public's! health and safety, wolf hybrids and raccoons, bats, foxes, skunks, and other known or potential rabies vectors which cannot be immunized against rabies shall not be allowed as pets under this section and shall not be kept, sold, traded, or given as pets by any pet shop or by any citizen.  include, but not be limited to, cats and dogs.  birds.  annual occupational license is required.  commonly known as a "microchip," is the owner.  the knowledge and acts of thei firm, corporation or other organization.  Lynn! Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.15)  Page 3 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE 1. IN GENERAL  Physical control means adequate domination or power to influence/oppress the actions oft the animal to prevent the animal from engagingi in biting, aggression towards people or animals, straying, being at-large or other behaviors regulated by this chapter or state law by the use of a proper leash or similar device Quarantine or ten-day quarantine means confining an animal for observation of any symptoms of rabies. which confinement is typically for a ten-calendar day period from the date of the bite, scratch, or other potential rabies exposure, unless a longer time period is required pursuant to state regulations and adoregueny/lemfcton device APD)commonyretemaipsmisoehpmean: a device about the size ofag grain of rice encased in surgical glass that is implanted underneath the skin ofa a dog, cat, or other animal that when scanned produces a unique number that identifies the animal and its owner (if properly registered). When present, an RFID with registration information shall be considered the primary Restraint means securing an animal by a leash, cord, chain, electronic collar, fence, building or other Slaughterhouse or custom processing. facility means any land, building, place or establishment in which Sterilized anima/means any neutered male or spayed female animal that has been operated on to prevent Stray means any animal that is found to be at-large, whether lost by its owner or otherwise, or that is on public property or a residential or commercial premises, and that does not have an identification tag and Sufficient food means access to proper food for the species of animal on a regular, ongoing basis in Sufficient water means access to clean, potable water on a regular, ongoing basisi in quantities to prevent Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for Vicious animal means any animal which has bitten or attempted to bite or attack any person or another animal without provocation, or whichi is known, or should be known, to have a propensity tol bite orattack Wild animal means any animal, reptile or fowl which is not naturally tame but is of a wild nature or disposition and which, because of its size, ferocious nature or other characteristics would constitute a danger to human life or property if not kept or maintained in a safe manner or in secure quarters, or any domestic animal, reptile or fowl which, because of its size or ferocious propensity or other characteristic, would constitute ac dangert tol human life or propertyi ifnot kept or maintained inasafe mannerorinsecure  attached to an appropriate collar or harness.  guidelines.  indication of ownership.  enclosure sO that such animal does not leave the property ofi its owner.  animals are: slaughtered, eviscerated or dressed.  conception or reproduction.  for which there is no identifiable owner.  quantities sufficient to maintain a regular body weight. the animal from exhibiting signs of dehydration.  surgery, diagnosis and treatment of diseases and injuries of animals.  persons or other animals.  quarters.  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.: 15)  Page 4of35    Subpart A- GENERAL ORDINANCES Chapter 10 ANIMALS ARTICLE: 1. IN GENERAL  (Ord. No.693,51,6-27-00; Ord. No. 984, $1 1, 5-13-14; Ord. No. 988, S: 1, 10-28-14; Ord. No. 1136,91,5-  24-22)  Cosreread-Defnitions generally, 5 1-2. Sec. 10-2. Prohibited nuisances.  (a) Any animal which shall do any of the following off property shall be and is hereby declared to be a  nuisance:  (1) Harasses passersby or passing vehicles. (2) Attacks other animals. (4) Isre repeatedly at large.  (3) Trespasses on private property or school grounds.  (5) Damages, soils, defiles, or defecates on private property, othert than owners', oronp publicwalks and recreation areas, unless such waste is immediately removed and properly disposed of by (b) Any animal which shall do any oft the following shall be and is hereby declared to be a nuisance: (1) Has a communicable or contagious disease thati is untreated or does not respond to treatment. (2) Causes or emits an offensive odor which can be detected off the property ofi its owner. (3) Is kepti in a manner which causes al breeding place for flies, lice, fleas, other vermin, or disease. (4) Unreasonably interferes with a person's use and enjoyment of his property. (cb) Itshall be: an unlawful nuisance to keep or feed any animal, domestic orv wild, ina a mannerthat causes any one or more of the following: creates unsanitary conditions or objectionable odor; isa source of infestation by insects or rodents; and/or creates conditions that endanger the health or safety of (de) Any person who causes, creates, maintains, or allows the existence of a nuisance as defined in this  owner.  persons.  section shall bei in violation of this chapter. (Ord. No. 693,51,6-27-00; Ord. No. 1136, $1 1, 5-24-22)  Cross referencel9)-Notice and orderi for abatement of certain nuisances, S 26-51 ets seq. State law elerencels)-Animais as nuisances injurious to health, F.S. $3 386.041.  Sec. 10-3. Keeping of wild animals.  (a) No person shall willfully keep or permit to be kept on his property any wild animal for display or for exhibition purposes, whether gratuitously or for a fee, without having obtained prior written permission from the city. This section shall not apply to a commercial animal establishment so long  as such establishment is noti in violation of state law, section 10-2 or 10-66.  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.1 15)  Page 5of35    Subpart A- GENERAL ORDINANCES Chapter 10 ANIMALS ARTICLE 1. IN GENERAL  (b) No person shall willfully keep or permit to bel kept any wild animal as a pet without a permit or other (c) No person shall, injure or kill or attempt to injure or kill any wild animal by means of any trap,  approval from the city or state.  slingshot, stone, missile, or weapons ofa any kind within the city. (Ord. No. 693, $1,6-27-00; Ord. No. 951, $: 1, 9-13-11)  Sec. 10-4. Vicious animals.  Every owner of a vicious animal shall restrain such animal in a manner so as to prevent injury to another animal, any person or the property of another person, and the willful failure to do sO shall constitute a violation of this chapter. This section shall not apply to animals defending owner's property or  governmental police dogs being used for law enforcement purposes. (Ord. No. 693, 51,6-27-00; Ord. No. 1056, $1, 6-26-18; Ord. No. 1136, ,51,5-24-22)  Sec. 10-5. Injured animals.  The city animal control officer shall have the responsibility for picking up injured animals within the incorporated areas of the city for which there is no known owner or where an owner cannot be readily contacted. If required, the injured animal will be taken to the nearest open veterinary hospital or toa facility which can provide immediate first aid. If veterinary care would be futile, the animal shall be immediately disposed of in a humane manner. If the animal is reclaimed by its owner, such owner shall reimburse the city for all costs incurred relative to the injured animal including first aid and veterinary  care.  (Ord. No. 693, $1,6-27-00)  Sec. 10-6. Sick, wounded dogs and cats.  Any police officer or animal control officer may take into custody any dog or cat found within the city limits which is sick or wounded, and may enter upon private property as necessary to accomplish such taking. Sick or wounded dogs and cats may be treated or destroyed as is deemed necessary, and the cost thereof shall be borne by the owner if the owner is identifiable. Payment of such costs shall be a  prerequisite to regaining possession of any dog or cat taken pursuant to this section.  (Ord. No. 693,51,6-27-00) Sec. 10-7. Criminal violations.  Criminalviolations oft this chapter may be prosecuted int ther name oft the state ina a court havingjurisdiction of violations by the prosecuting attorney thereof, and upon conviction shall be punished pursuant to section 1-13. An animal control officer is not authorized to make arrests for violations of this chapter.  (Ord. No. 693, 51,6-27-00; Ord. No. 1056, $1, 6-26-18)  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.: 15)  Page 6of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE 1. IN GENERAL  Sec. 10-8. Slaughterhouses and custom processing of animals.  (a) Prohibition. Slaughterhouses, custom processing facilities, and the custom processing of animals are (b) Penalties. Any person who violates this section shall be subject to the general penalty as set forth in section 1-13 oft this Code. Any parcel of real property that does not comply with the requirements sof this section shall be considered a nuisance under chapter 26 of this Code and subject to all relief therein, including the provisions that allow the city to seek immediate relief as otherwise provided  prohibited in the city.  by law. (Ord. No. 984,51,5-13-14)  Sec. 10-9. Keeping livestock or fowl.  Its shall be unlawfult to have, own, ep.ormaintainany/esoad: orf fowl within the city, excepta as provided  int this chapter. (Ord. No. 988, $1,1 10-28-14) Sec. 10-10. Fowl.  (a) Notwithstanding the provisions of section 10-9, up to six fowl per parcel may be owned, kept, (1) The property does not contain private covenants or other restrictions prohibiting livestock or (2) All fowl chickens are securely fenced and confined to the parcel oft the owner or occupant and coops and runways are kept clean and free from offensive odors. The pen, yard, place, or sty used shall conform to all regulations as to sanitary conditions that the state, county health  possessed, or maintained within the city, provided that:  fowl-chiekens on such property;  department, or the chief of police shall require.  (3) The owner of the fowl chickens.registers each one chicken with the city  (b) Roosters prohibited. Its shalll be unlawful to have, own, keep, or maintain any roosters within the city. (c) The sanitation requirements for the keeping of ducks are more fully described as follows: (1)Droppings must be removed from open pens or enclosures at least once weekly. (2)Adequate fly-tight containers approved bya al Lynn Haven Animal Control Officer for the storage ofe excreta must be provided unless the droppings are completely removed from the property upon (3) Water and feed troughs must be provided. All water tanks or troughs must be watertight and must always contain a sufficient amount of water suitable from a health and sanitary aspect for  which the pens or enclosures are located at least once weekly.  consumption by animals.  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.: 15)  Page 7of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE 1. IN GENERAL  (4) Feeding vegetable or meat waste or garbage shall be exclusively in containers or onan (d) Penalties. Any fowl chickens kept within the city in violation of this section shall be subject to impoundment. Any person who violates this section shall be subject to penalties in article VI of this chapter. Any parcel ofr real property that does not comply with the requirements of this chapter shall be considered a nuisance under chapter 26 of this Code and subject to all relief therein, including the provisions that allow the city to seek immediate relief as otherwise provided by law.  impervious platform.  (Ord. No. 988, $1,10-28-14; Ord. No. 1056,51,6-26-18) Sec. 10-11. Prohibition on feeding feral animals.  (a) Prohibited. Feral animals constitute health and environmental risks to domesticated animals, wildlife, and persons. Iti is a violation oft this article for any person toi feed or harbor feral animals. (b) Fine. Any person found in violation of this article shall be fined as a nuisance according to the fee  schedule in appendix. A. (c) Exceptions.  (1) A person may feed or harbor a feral animal if they accept legal responsibility for the animal, which includes vaccinating and sterilizing the animal, and ensuring compliance with all (2) A person may feed or harbor a feral animal while on private property with the expressed  provisions of this chapter; and written approval of the property owner.  (d) Animal control. Animal control has the right to impound ai feral animal if:  (1) The animal creates publicl health and safety concerns (including rabies, other zoonotic diseases,  and certain animal-to-animal disease); or (2) The animal creates a nuisance as defined in section 10-2.  (Ord. No. 1136,51,5-24-22) Sec. 10-12. Noise.  (a) Itshall be unlawful for the owner, or any caretaker of an animal or animals to allow the animal(s), to bark, meow, whine, howl, or to make other sounds common to the species, persistently or continuously for a period of 30 minutes or longer when the animal is not contained within an enclosure sufficient to baffle loud noises and render them reasonably unobjectionable. This subsection shall not apply to animals maintained on land zoned for agricultural purposes, nor shall ita apply to a properly permitted animal shelter established for the care and/or placement of unwanted or stray animals. nor a properly zoned commercial boarding kennel or other animal (b) An owner or custodian of the animal(s) may be cited for violation of this section when either the investigating officer has received, from at least two unrelated adult witnesses from different  facility.  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.15)  Page 8 of 35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE1.1 IN GENERAL  residences. a sworn affidavit attesting to the prohibited noise pursuant to this section or a noise complaint to the police department that coincide with a witness statement that occurred during hours that animal control is off duty, or the citing officer has witnessed the commission of such prohibited molse.Afidavitsatesting to the nuisance must come from residentswithinathree-block  radius approximately 900-foot radius).  (Ord. No. 1136,51,5-24-22) Secs. 10-13-10-20. Reserved.  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03: 12:59:28 [EST)  (Supp. No.: 15)  Page 9 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE II. DOGSANDCATS  ARTICLE Il. DOGS AND CATSI DIVISION. 1. DANGERQUSDOGS Sec. 10-21. Intent.  The Lynn Haven City Commission ("commission") finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the people of Lynn Haven because of unprovoked attacks which cause injury to persons and domestic animals. The commission further finds that existing laws inadequately address this growing problem and that it is appropriate and necessary to impose uniform requirements for owners of dangerous dogs. Iti is the commission's intent, in enacting this article, toi incorporate the provisions regarding "dangerous dogs" found in F.S. Ch. 767. To the extent that there isaconflict between state statute and this Code, the provisions of this Code shall apply.  (Ord. No. 1136, $1,5-24-22) Sec. 10-22. Definitions.  As used in this article, unless the context clearly requires otherwise:  Dangerous dog means any dog that according to the records oft the appropriatelyauthorty,  (1) Has aggressively bitten, attacked. or endangered a human or has inflicted severe injury ona a (2) Has more than once severely injured or killed a domestic animal while offt theowner'sproperty; (3) Has, when unprovoked, chased or approached a person upon the streets, sidewalks or any public or private property other than the owner's property in a menacing fashion or in an apparent attitude of attack, provided that such actions are attested toi inas sworn statement by  human being on public or private property;  or  one or more persons dutifully investigated by the appropriate authority.  Owner is defined in section 10-1.  Proper enclosure of a dangerous dog shall have the meaning described in section 10-25.  Severe injury means any physical injury that results in broken bones, multiple bites, or disfiguring  lacerations requiring sutures or reconstructive surgery.  1State law eferencets)-Damage by dogs, F.S. Ch. 767; dangerous dogs, F.S.97 767.10 etseq.  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No. 15)  Page 10 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE H. DOGSA ANDCATS  Unprovoked means that the victim who has been conducting himself peacefully and lawfully has been  bitten or chased in a menacing fashion or attacked bya a dog.  (Ord. No.1136,91,524-2)  Cosrferemel-Detintons generally, 51-2. Sec. 10-23. Exemptions. (Ord. NO.1136,91,524.22)  A dog shall be considered exempt from these provisions as provided in F.S.Ch. 767.  Sec. 10-24. Classification of dog as dangerous: notice and hearing requirements:  confinement of dog: appeal: registration requirements. (a) Investigation and initial sufficient cause determination:  (1) An animal control-officer shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or law enforcement officer. desiring to have a dog classified as a dangerous dog. Any dog that is the subject of a dangerous dog investigationmay bei impounded! by the animald control department pending the outcome ofthei investigationand any related hearings and appeals. Upon request by the owner, the director of the animal control department has the discretion to allow impoundment on the premises of an approved veterinarian or boarding facility in appropriate circumstances as an alternative to impoundment in the city animal shelter. An animal control officer is authorized to enter any building or place, except al building used fora a private residence, inordert to seize any suspected dangerous dog. If the dog is within a private residence, and the occupant of the residence or the owner of the suspected dangerous dog refuses to surrender it, the animal control department may obtain, from a court of competent jurisdiction, a warrant to seize the dog. It shall be unlawful to fail or refuse to surrender the dog upon demand by the animal control (2) Any dogt that is the subject of a dangerous dogi investigation, but that is not impounded by the animal control division, shall be humanely and safely confined by the owner in a proper enclosure, as defined by section 10-25, pending the outcome of the investigation and any related hearings and appeals. The owner shall cooperate with the animal control department's investigation and provide all reasonably requested information including the address of where the owner secures the dog. No dog that is the subject ofa a dangerous dogi investigation may be relocated or ownershipi transferred pending the outcome of an investigation, and any hearings and appeals, related to the determination of a dangerous dog classification. In the event thata dog is to be euthanized, the dog shall not be relocated, or ownership transferred.  department.  Lynn! Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No. 15)  Page 11of35    Subpart. A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE II. DOGSANDCATS  (3) After the investigation, the animal control department shall make an initial determination as tov whether there is sufficient cause to classify the dog as a dangerous dog and the appropriate penalty. The animal control department shall provide to the owner written notification of the sufficient cause finding, penalty, or both by certified mail, hand delivery by an animal control officer, or service in conformance with the provisions of F.S. Ch. 48 relating to service of process. The owner may file a written request for a hearing to challenge the initial determination, within seven calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall bel held as soon as possible, but not sooner than five and not later than 21 calendar days after receipt of the request from the owner. The hearing shall be conducted before a special magistrate. A notice of hearing shall be provided to the owner by certified mail, hand delivery by an animal control officer. or service in conformance with the provisions of F.S. Ch. 48 relating to service of process. If the owner does not file a written request for a hearing within seven calendar days of receipt of the notification of the initial sufficient cause determination, the notification of sufficient cause (4) Hearings before the special magistrate shall be quasi-judicial in nature and open to the public. All testimony shall be under oath and shall be electronically recorded and transcribed at the expense of the party requesting a transcript. Assuming proper notice, if the dog owner fails to appear, the hearing may proceed in his/her absence. The hearing need not be conducted in accordance with formal rules relating to evidence but fundamental process shall be observed and will govern the proceedings. Any relevant evidence shall be admitted if the special magistrate finds it competent and reliable. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses, and to offer rebuttal evidence. At the conclusion of the hearing, the special magistrate shall make findings of fact and conclusions of law based ont the evidence of record. The standard forac determinationora (5) Ift the special magistrate upholds the dangerous dog classification after a hearing, or the dangerous dog designation or penalty becomes final in accordance with paragraph 3, the animal control department shall provide a written final order to the owner by certified mail, hand delivery! byananimal control officer, or service in conformance with the provisionsofF.s. Ch. 48 relating to service of process. Judicial appeals may be filed in the Circuit Court in accordance with the Florida Rules of Appellate Procedure. The dog may be impounded by the (b) The owner of the dangerous dog shall be responsible for payment of all boarding costs and other fees as required ift the animal control department impounds the dog during the investigation, hearing and/or any appeal. If the dog is determined not to be a dangerous under the provisions of this ordinance or state law, the animal control department shall processa a refund of boarding and intake (c) Except as otherwise provided in subsection (h), within 14 days after issuance of the final order classifying the dog as dangerous or the conclusion of any appeal that affirms the final order, the owner of the dog must obtain a certificate of registration for the dog from the animal control  finding, and proposed penalty becomes the final determination.  finding of violation shall be a preponderance of the evidence.  animal control department pending a resolution oft the appeal.  fees upon the owner's request.  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST)  (Supp. No.: 15)  Page 12of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE II. DOGSANDCATS  department, that shall include, at a minimum, the following information: name, address and telephone number oft the dog's owners; the address where the dog is harbored if different from the owner's address; a complete identification of the dog including sex, color and any distinguishing physical characteristics, a color photograph of the dog. The certificate must be renewed annually. The animal control department is authorized to issue such certificates of registration, and renewals thereof, to persons who are at least 18 years of age, who pay the dangerous dog permit fee, and who present to the animal control department sufficient evidence oft the following: (1) Proof that the owner has a current certificate of rabies vaccination for the dog; (2) Proof that the owner has obtained an electronic radio frequency identification device (RFID) (3) AI proper enclosure to confine the dangerous dog, as defined in section 10-25, and the posting oft the premises with clearly visible warning signs at all entry points that informs both children (4) Prooft that the owner is thei fee: simple owner oft the property upon which the proper enclosure is located or, alternatively, proofofp permission fromi thet fee: simple owner oft the propertyupon  implantation;  and adults of the presence ofa dangerous dog on the property;  which the proper enclosure is located;  (5) Proof that the owner has obtained insurance as required in this article; and (6) Proof that the dog has been surgically sterilized by a veterinarian unless the dog cannot be spayed for health reasons, as certified in writing by a licensed veterinarian. (d) The owner is responsible for pre-payment of all boarding fees during the time it takes to complete these requirements. If the owner does not comply with all of these requirements within 14 days, ownershipreverts tot the city, andi the dog shalll be euthanized in an expeditious and humane manner. Notice of the potential humane destruction of the animal for failure to comply shall be included in (e) Dogs declared dangerous shallr not be allowedi in any off-leash dog park withinthe City ofl Lynn Haven. (f) A dangerous dog declaration is permanent and may never be removed from the dog once the  the notice of final ruling on the dangerous dog.  determination has been finalized and the time for all appeals has passed. (g) Adog may not be declared dangerous under this section if:  (1) The threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property or who,' while lawfully on the property, wast tormenting, abusing, or assaulting the (2) The dog was protecting or defending al human being within the immediate vicinity oft the dog (h) Ifa dog is classified as dangerous due to an incident that causes severe injury to a human being, based upon the nature and circumstances of the injuryand likelihood ofaf future threat to the public safety, health and welfare, the dog may be destroyed in an expeditious and humane manner.  dog or its owner or ai family member. from an unjustified attack or assault.  (Ord. No. 1136, $1, 5-24-22) Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No. 15)  Page 13of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE I. DOGSA AND CATS  Sec. 10-25. Proper enclosure for dangerous dogs.  (a) The owner of a dangerous dog must obtain and maintain a proper enclosure to confine the dog and must have posted ont the premises ac clearlyvisible warning signa at each entry point that informs! both (b) "Proper enclosure for a dangerous dog" means, while on the owner's property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. An owner who uses ap personal residence (house or building) as the proper enclosure must also have an approved penor structure available for alternate use. The personal residence is only considered a proper enclosure for a dangerous dog when adult supervision by the owner or a competent individual acting as the owner's agent is present; if anyone other than direct family members are present, the residence alone is not considered a proper enclosure and al lockable pen or structure must be utilized whena person or people other than the owner's immediate family is/are present, or if the dog is left alone in the residence. The pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements, sufficient space, and sufficient food and water. If the dogi is maintained outside, a portion of the owner's property must be fenced with a secured perimeter fence, serving as a secondary enclosure, of sufficient height and strength to prevent entry by the public and to prevent the dog's escape from the owner's propertyi if the doge escapesf fromi the primary enclosure. Iti is not considered ap proper enclosure to simply tether or otherwise tie a dog to an inanimate object, such as a tree or  children and adults of the presence ofa a dangerous dog on the property.  post, inside a perimeter fence. (Ord. No. 1136, $1,5-24-22) Sec. 10-26. Insurance.  In order to protect the public and to afford relief from the severe harm and injury that is likely to result from a dangerous dog attack, the owner of a dangerous dog shall obtain and maintain insurance in the minimum amount of $100,000.00 for each individual dangerous dog owned to provide liability insurance for damage to persons and property caused by the dangerous dog(s). The insurance shall be provided by an insurance company authorized to do business int the State of Florida, and the owner shall provide the animal control department evidence of a certificate of insurance and a copy of the endorsement. Alternatively, the owner may post a $100,000.00 surety bond with the Clerk of Bay County conditioned upon the payment of damages to persons and property caused by the dangerous dog during the period of registration, renewable annually. Annual registration shall be denied any owner not in compliance with this section. If, at any time, the liability insurance is cancelled or lapses, the animal control department shall have the authority to impound the dangerous dog. If the owner does not re-insure the animal within 14 days oft thei impoundment, ownership oft the dog shall reverti toi the city and the dogs shall be euthanized  in an expeditious and humane manner. (Ord. No. 1136, 51,5-24-22)  Lynnh Haven, Florida, Code of Ordinances  Created: 2024-05-03: 12:59:28 [EST)  (Supp. No.1 15)  Page 14of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE II. DOGSANDCATS  Sec. 10-27. Dangerous dog outside of proper enclosure; outside of primary (a) A dangerous dog must not be outside a proper enclosure unless the dog is muzzled and securely restrained by a leash or similar device of not more than four feet in length and is under the control of the owner or competent custodian 18 years ofa age or older. The muzzle must be made ina a manner that will not cause injury to the dog ori interfere with its vision or respiration but will prevent it from biting any human or animal. The owner may exercise the dog outside of its primary enclosure without a muzzle or leash only if the dog remains on the owner's property within the secured perimeter fence and only if the dog remains within the owner's sight and control at all times and only members oft the owner's immediate household or persons 18 years of age or older are allowed within the perimeter fence while the dog is present. When being transported, such dog must be (b) No dangerous dog shall be chained, tethered or otherwise tied to any inanimate object, such as a  enclosure.  safely and securely restrained within a vehicle. tree, post or building that is outside its properenclosure.  (Ord. No. 1136,51,5-24-22)  Sec. 10-28. Required notification concerning dangerous dog.  The owner shalli immediately notify the animal control department when a dog that has been classified as  dangerous:  (1) Isl loose or unconfined; (3) Has died; or  (2) Has attacked orb bitten al human or another animal;  (4) Isrelocated to another address.  During a dangerous dog investigation, a dangerous dog may not be sold or given away. After a dog has been designated dangerous, before it can be sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control division. The new owner must comply with all of the requirements oft this section and Florida Statutes, even if the animal is moved from  one local jurisdiction to another within the state.  (Ord. No. 1136,91,5-24-22)  Sec. 10-29. Attack or bite by dangerous dog; impoundment; destruction. Ifa dogt that has previouslyl been classified as a dangerous dog! bites a person orac domestic animal without provocation, an animal control officer shall immediately impound the dangerous dog, placing it in quarantine if necessary, and after notification to the owner, the dog shall be euthanized in al humane and expeditious manner after at ten-business-day period. During that ten-business-day period, the owner may  Lynn! Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No. 15)  Page 15 of35    Subpart A- GENERAL ORDINANCES Chapter 10-ANIMALS ARTICLEI II. DOGSANDCATS  notify the animal control department in writing of the owner's request for al hearing in accordance with  subsection 10-24(a)(4). (Ord. No. 1136,51,5-24-22)  Sec. 10-30. Death of a human by dog; impoundment; destruction.  Whether or not a dog has been previously classified as a dangerous dog, ifa dog attacks al human, causing the death of the human, an animal control officer shall immediately impound the dog, placing it in quarantine if necessary, and after notification to the owner, the dog shall be euthanized ina a humane and expeditious manner. ameraten-busines-dey period. During that ten-business-day period, the owner may  notify the animal control department in writing of the owner's request for  (Ord. No. 1136,51,5-24-22) Sec. 10-31. Additional charges.  Nothing int this article precludes criminal prosecutions pursuant to Florida Statutes.  (Ord. No. 1136, $1,5-24-22)  Sec. 10-32. Violation of this article.  An animal control officer may immediately impound a dangerous dog if the owner fails to comply with any of the requirements for maintaining a dangerous dog and, after notification to the dog owner, the dogr may be euthanized in an expeditious and humane manners given consideration for the likelihood ofa future threat to the public safety, health and welfare. The owner shall be given an opportunity to appeal this decision to the special magistrate and the hearing shall be conducted in accordance with subsection  10-24(a)(4).  (Ord. No. 1136, $1,5-24-22)  Sec. 10-33. Hearings process/appeals.  Appeal hearings involving dangerous dog designations shall be handled in accordance with section 10-24. Dogs impounded for violation of any other provision of this article shall be held for ten business days to allow an owner to notify the animal control department in writing of the owner's intent to request a hearing on the decision to euthanize a dog in front of a special magistrate. The hearings for other violations oft this article: shalll be conducted in accordance withs subsection 10-24(a)(4). Afterafinal decision of the special magistrate, awritten appeal may bet filed in the Circuit Court in accordance with the Florida Rules of Appellate Procedure. The animal control department may impound a dog during any investigation, hearing, or appeal period under this article. The owner shall be responsible for paying, in advance, byo cashorcertified check payable tot the City ofL Lynn Haven, the estimated costs associated with impounding the dog. Should the animal have to be boarded beyond the original estimated time covered  Lynn! Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No. 15)  Page 16of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE II. DOGS. AND CATS  by the pre-payment off fees, the owner shall be required to payi in advance by cash or certified check the estimated weekly costs of boarding and care untila at final decision has been reached. The owner shall also ber responsiblet forany other fees or medical costs during thei impoundment. Iftheanimal control division's decisioni is not upheld on appeal, arefund of boarding andi intakei fees shall be! processed upont the owner's  request. A dog may not be destroyed while an appeal is pending.  (Ord. No. 1136,51,5-24-22) Sec. 10-34. Offspring.  Ifa dog whoi isi impounded pursuant tot this article has puppies during thei impoundment period, the owner shall be entitled to claim the puppies when, in thej judgment of the animal control department director, the puppies are appropriately weaned. When the puppies are born, the owner shall be provided written notice. The owner shall have ten days fromi the date notice is received, to claim ownership of the puppies and to pay, in advance, by cash or certified check payable to the City of Lynn Haven, the estimated costs associated with boarding both the puppies and the mother, including payment of any other associated medical costs or fees. If the puppies are not claimed within this ten-day period, or if the appropriate boarding/medical fees are not paid in accordance with this section, the puppies shall be considered abandoned, and ownership shall revert to the City of Lynn Haven Animal Control Department. Should the puppies have to bel boarded beyond the original estimated time covered by the pre-payment oft fees, the owner shall be required to pay in advance by cash or certified check the estimated weekly costs of boarding and care untili the puppies become weaned or can be released to the owner.  (Ord. No. 1136,51,5-24-22) Secs. 10-35-10-40. Reserved.  DIVISION:2. RABIES VACCINATION, REGISTRATION. AND QUARANTINE Sec. 10-41. Rabies vaccination required; tag; certificate.  (a) Once every: 12 months, every owner ofa dog or cati five months of age or older shall cause such dog or cat to be vaccinated against rabies by a liçensed veterinarian with a U.S. government approved rabies vaccine. Vaccination is excused only if a licensed veterinarian certifies in writing that the vaccination would be injurious to the dog or cat's health. In such case, the dog or cat shall be (b) Proofofvaccinations shall consist ofar rabies vaccination tag and certificate signed byt the veterinarian (c) Every owner ofa dog or cats shall show proof of current vaccination of such dog or cat within 72 hours  restrained until the dog or cat can be safely vaccinated.  administering the vaccination.  of request for suchi information by an animal control officer.  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.: 15)  Page 17of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE H. DOGS AND CATS  (d) No person shall keep any animal as a pet or for breeding purposes which is susceptible to rabies and which cannot be effectively vaccinated against rabies including, but not necessarily limited to,  skunks, raccoons, foxes and bats. (Ord. No. 693,51,6-27-00)  Sec. 10-42. Registration-Required in case of impoundment.  A dog or cat residing in the city may be voluntarily registered by its owner by providing the city with the name, address and telephone number of the owner of such dog or cat, a description of the dog or cat and a rabies certificate issued by a licensed veterinarian, and payment of an annual fee established by resolution of the city commission and printed in appendix A oft this Code for each dog or cat. In order to redeem any dog or cati impounded byt the city, said dog or cat must be registered byi its owner as provided ini this section. Suchi fee shall be come duei for renewal on May 1 ine each yearand payable without penalty on or before June 1. After. June 1, there shall be added to the original amount due a penalty established by resolution of the city commission and printed in appendix. A oft this Code for each month or portion thereof that thet fee shall remain unpaid. Registration ofa dog or cat shall not be required in the event the owner provides proof to the city that the dog or cat has obtained an electronic radio frequency  identification device (RFID) implantation. (Ord. No. 693, $1, 6-27-00; Ord. No. 1136,51,5 5-24-22)  Sec. 10-43. Same-Tags.  (a) Dogs and cats must wear rabies vaccination tags andi the city issued registration tag at alli times when (1) The dog or cat is participating in any organized exhibition or field trial, or training for these (2) Ali licensed veterinarian directs the removal of thei tag in writing for health reasons. If such tag isremoved for health reasons, the dog or cat shall be confined to the owner's property until (b) Except when excused pursuant to subsection (a) of this section, the lack of a rabies vaccination tag shall be prima facie evidence that the dog or cat has not been registered as required by section 10-  off the premises of their owners unless:  events, or engaged in al legal sport under competent supervision; or the veterinarian permits the tag to be placed ont the dog or cat.  42 and is in violation of this article. (Ord. No. 693,51,6-27-00)  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST)  (Supp. No.: 15)  Page 18 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE II. DOGS AND CATS  Sec. 10-44. Rabies outbreaks; declaration of quarantine.  (a) Whenever there is a rabies outbreak, the health department may declare an immediate quarantine (b) Whenevera quarantine has been declared, no person shall permit any animal capable of contracting ort transmitting rabies which is under his control to be or run at large. Any animal at large during a quarantine shall be impounded by a city animal control officer. If the capture and impounding of such animal cannot be affected safely, the police chief may cause such animal to be destroyed.  for such period as necessary.  (Ord. No.: 1136, $1,5 5-24-22) having rabies.  Sec. 10-45. Quarantine procedures for animal bites and animals suspected of Ina accordance with Florida Administrative Code Chapter 64D-3 "Control of Communicable Diseases" and its requirements, guidance, and provisions establishing certain protocol for the Florida Department of Health in the handling of suspected and known rabies cases, the provisions of 64D-3. as they may be amended from time to time, are hereby incorporated in this section by reference. If there are any discrepancies between the wording of the following ordinance section and the provisions of 64D-3 FAC, the provisions of Florida Administrative Code shall prevail. Nothing herein shall be subject to the (1) When a domestic animal has bitten a person or is suspected or believed to be infected with rabies, the animal shall be confined and isolated at the direction of the animal control department and at the owner's expense for a period of time as determined by the animal control department, but not less than ten days from the time of exposure. Quarantine of the animal shall be either with a veterinarian or at the city animal shelter. No animal which has been impounded: fort the purposes ofquarantine shall ber released during the quarantine period to either the owner or any other persons seeking adoption. Afterthea animal control department orders the quarantine, it shall inform the Florida Department of Health in Bay County ("FDOHBC") who shall then supervise all quarantines and determine when, and if, the animal will be released from quarantine. Unless the animal is being held longer pursuant to another part of this chapter, after the quarantine period has expired, the owner shall pay accrued (2) Inc certain cases, home quarantine of an animal which has bitten a person may be permitted. The initial decision to allow home quarantine of an animal shall be made by the investigating animal control officer. In the event of any dispute regarding the appropriateness of the quarantine location, the FDOHBC shall have the sole and final discretion in the matter. The home quarantine may be revoked by the FDOHBC or the animal control department if either agency determines that the owner is not properly confining the animal, in which case the animal shall be impounded by the animal control department and confined either with a veterinarian or at the city animal shelter for the duration of the quarantine period.  provisions of F.S. Ch. 120.  impounding, boarding fees, and any other additional costs.  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.: 15)  Page 19 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE II. DOGSA AND CATS  (3) Its shall be unlawful for any person to refuse to give up or surrender to an animal control officer ort to the FDOHBC an animal which has bitten al human ori is suspected of having rabies. (4) Whenever an animal, suspected of having rabies or otherwise posing a threat to public health ors safety, cannot be captured by reasonable means to affect the quarantine, or where capture and quarantine cannot be effected safely, law enforcement may be summoned, and such law enforcement officer is authorized to use firearms to stop or slay the animal. If that cannot be safely accomplished, the animal control department is authorized to use whatever means  necessary to protect the public safety and welfare.  (Ord. No. 1136,51,5-24-22) Secs. 10-46-10-65. Reserved.  Lynn Haven, Florida, Code of Ordinances  Created: 2024-05-03 12:59:28 [EST]  (Supp. No. 15)  Page 20 of35    Subpart A- GENERAL ORDINANCES Chapter 10-ANIMALS ARTICLE III. CARE AND CONTROL  ARTICLE III. CARE AND CONTROL2  DIVISION1 1. GENERALLY  Sec. 10-66. Cruelty to animals prohibited.  No person shall willfully subject an animal to cruelty. Any person who kills or injures an animal while driving a vehicle: shall stopa att the scene of1 the accident, render such assistance as is practicable, shallmake ar reasonable effort tol locate and identify himself to the owner of the animal and shall report the accident No person shall willfully perform an act of cruelty to animals, which acts shall be deemed to include the (1) Injure, beat, torture, mutilate or cause torment to any animal, or otherwise cause unjustifiable (2) Neglect or fail to provide food or other nourishment and water, shelter, exercise, ventilation, (3) Abandon any animal, which shall include leaving an animal unattended at a shelter without (4) Train for and/or promote, allow, encourage or oversee the participation in fighting by dogs,  immediately to the city animal control authority.  following:  pain or suffering to any animal;  or veterinary care to any animal within his possession; undertaking the formal surrender process;  fowl or other animals.  (Ord. No. 693, $1, 6-27-00; Ord. No. 1136,51,5-24-22)  Sec. 10-67. Leaving animal in unattended motor vehicle.  (a) It shall be a violation of this section for a motor vehicle owner or operator to place or confine an animal or allow it to be placed or confined or to remain in an unattended motor vehicle without sufficient ventilation or under conditions for such a period of time as may reasonably be expected to endanger the health or well-being of such animal due to heat, lack of water or such other circumstances as may reasonably be expected to cause. suffering, disability or death of the animal. (b) Any police officer or animal control officer who finds an animal in a motor vehicle under conditions described in subsection (a) of this section shall notify the animal control office and police department. Reasonable attempts may be made by the animal control office to notify the owner or operator of the motor vehicle. If the owner or operator of the vehicle cannot be located after a reasonable attempt, the director or his designee may authorize the animal control officer or police officer to enter the motor vehicle by using the amount of force which is reasonably necessary to remove the animal. The animal-centrel officer removing the animal shall take such animal or have such animal delivered to the animal shelter ori to a veterinarian if the animal-centrel officer deems the animal is in distress. The animal-centrel officer shall leave, in a prominent place on the motor  2State law reference(s)€- Care and control of animals, F.S. Ch. 828.  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.15)  Page 21 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE II. CARE AND CONTROL  vehicle a written notice bearing the name of the officer, the division's name and telephone number, and the address where the animal may be claimed by the ownerthereof. In addition, the officer shall notify the animal control office that the animal was taken and delivered. The animalcentrel officer will furnish the animal control office with all pertinent information regarding the incident, including the circumstances under which the animal was taken and where and when the animal was taken. The owner may redeem the animal after providing proof of ownership and upon payment ofi fees, including a reclaim fee, vaccination fee, boarding fees, and veterinary charges, ifapplicable.  (Ord. No.6 693, 51,6-27-00)  Sec. 10-68. Neglecting or abandoning animals.  Itshall be unlawful for any person to neglect or abandon an animal. For purposes of this chapter, it shall  be considered neglect or abandonment if one or more oft the following occurs:  (a) Failing to provide any one of the following: (1) Sufficient potable water; (2) Sufficient wholesome food;  (3) Adequate shelter with a sufficient, level floor, at least three structurally sound walls and a solid roof to protect the animal from the weather, extreme temperature, and direct sunlight; (4) Current and active veterinary care and treatment* to prevent suffering, ifapplicable; *A standard of usual and customary practice based upon the guidelines of the Florida Veterinary Medical Association, or the American Veterinary Medical Association shall be used to define active (b) Keeping an animali in an enclosure whichp prevents the animali fromi free andi full movement with full extension of its limbs (including standing fully upright) and without wholesome exercise and change of air. Nothing in this subsection is meant to prohibit the temporary transport of animals in' 'airline crates' or the use of a temporary crate that may not allow fori full extension of all limbs and full movement and to stand erect and turn fully around while cleaning the enclosure or to separate animals while feeding. Crates used for temporary holding of animals inc conjunction with or training for dog shows, performance events or hunting are permitted if the holding period does not include overnight or extended periods of more than two hours, while not in transport. Nothing in this subsection is meant to restrict the use of crates that allow the animal to do all of the following: to fully extend all limbs, to stand fully erect without touching the walls or top of the crate, to fully turn around, and to sit and lay down without (c) Caging or confining an animal and failing to supply the animal, during such caging or confinement, with sufficient water, with sufficient space to stand fully erect on all legs and to turn completely around within the cage or confinement and with sufficient wholesome food; (d) Leaving the animal upon or beside any street, road or other public or private place; or (e) Forsaking entirely and leaving to die any animal that is maimed, sick, infirm or diseased.  (5) Sufficient exercise and wholesome exchange of air.  veterinary care and treatment.  obstruction.  Created: 2024-05-03 12:59:28 [EST)  (Supp. No. 15)  Page 22 of3 35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE III. CARE AND CONTROL  (Ord. No. 1056, $1, 6-26-18; Ord. No. 1136, $1,5 5-24-22)  Ord. No. 1136, adopted May 24, 2022, deleted S 10-68 and directed fori the renumbering of S 10-69a as $ 10-68. Former S 10-68 pertained to rabies outbreaks; declaration of quarantine, and derived from Ord.  No. 693, adopted. June 27, 2000. Secs. 10-69-10-80. Reserved. DIVISION2 2. CONTROL. STANDARDS  Sec. 10-81. Animals prohibited in city parks and recreational facilities and on No owner of an animal shall willfully allow such animal into or upon any public park, recreational facility, orb beach, unless the animal is a service animal as defined in Section 10-88. This section shall not apply to any dog-prowide-thatzexsep-brindesgrstedareas,aidegs in unenclosed public spaces must-be under physical control oft the owner or caretaker by means ofal leash. Duringa a citye event, all dogsi in public spaces must be under physical control of the owner or caretaker by means of al leash that is no more than six feet in length. The city manager is authorized to promulgate rules or regulations which allow, restrict or prohibit dogsi in any oft the city's public buildings, parks, recreation facilities, or beaches. (Ord. No. 693, $1,6 6-27-00; Ord. No. 907,51,7-8-08; Ord. No. 1136,91,5-24-22)  beaches.  Sec. 10-82. Female animals in heat.  Every owner of any female animal in heat shall restrain her sO that she cannot come into contact with another animal except for intentional breeding purposes. The willful failure to do sO shall constitute a  violation of this article. (Ord. No. 693,51,6-27-00) Sec. 10-83. Direct control.  (a) The cityi is designated as a directc controlareai in whicha all animals shall bes subject to the directcontrol requirements set forth in this section. Dogs trained to aid disabled or handicapped persons and governmental police dogs are deemed to be under direct control while being used for the purposes (b) In any area designated as a direct control area, no owner of any animal shall allow their animal off (c) This section shall not apply to any dog participating in any organized exhibition or field trial or  for which they are trained.  oft their property unless the animal is under direct control.  training for such events.  (Ord. No. 693,51,6-27-00; Ord. No. 1136, $1, 5-24-22)  Created: 2024-05-03 12:59:28 [EST]  (Supp. No. 15)  Page 23 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE III. CARE AND CONTROL  Sec. 10-84. Limitation on number of cats and dogs.  No person shall possess and maintain upon the same premises more than four cats or dogs, or any combination thereof greater than four, or any number of cats or dogs if the total of such animals possessed and maintained by all persons residing in the same dwelling unit would exceed four. However, ift the dwelling unit includes a yard with an escape-proof wall or fence, the limit established herein shall be increased to six dogs and cats, or any combination thereof. Escape-proof includes the characteristic that a dog may not reasonably be expected to be able to escape underneath the wall or fence. The limitation established herein shall not be applicable to kittens or puppies under the age of six months.  (Ord. No. 693, $1, 6-27-00; Ord. No. 1136, $1,5 5-24-22)  Created: 2024-05-03 12:59:28 [EST]  (Supp. No. 15)  Page 24 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE IV.SWINE AND HOUSEHOLDPETS  ARTICLE IV. - SWINE AND HOUSEHOLD PETS  Sec. 10-85. - Miniature Vietnamese potbellied pigs as household pets. (a) Ownership ofa pig or other swine animal as a household pet is prohibited, except if sucha animal isa purebred miniature Vietnamese potbellied pig, sus scrofa vittatus, is no younger than six weeks of age, weighs no more than 125 pounds, measures no more than 22 inches in height to be measured to the top ofaf front shoulder, is spayed or neutered, is registered with a purebred registry which is recognized as bona fide by the animal care and control superintendent and is kept pursuant to the definition of "pet, household" in section 10-1, for the sole purpose of providing human companionship. Ownership of such an excepted pig, hereinafter "pet potbellied pig," shall be  regulated by the provisions of this part.  (b) No household shall own or keep more than one pet potbellied pig.  (c) Every pet potbellied pig shall be maintained primarily within the residence of its owner. No pet potbellied pig shall be kept out-of-doors. Every pet potbellied pig may be exercised from time to time within a securely fenced enclosure on the owner's residential property or while under the secure physical control of the owner, or other custodian, by means of secure leash, chain, or cord. Pursuant to chapter 10, as applicable under this part, no pet potbellied pig shall run-at-large. (d) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance appropriate for its species and particular nature. Depriving a pet potbellied pig of healthful sustenance for any purpose, to include the purpose ofs stunting its growth or having it conform to the weight or height provisions in section 10-85, hereinabove, shall not constitute an exception to this provision. Violation (e) All portions of chapter 10 which pertain to altered dogs and cats, or to relevant penalties, fees, and time frames, and which are not superseded by specific provisions of this part, are hereby declared to pertain to pet potbellied pigs as defined and regulated under this chapter, with the provisions: (1) That there shall be no required annual inoculation against rabies, for said pigs, but that written certification, by a licensed veterinarian, shall be submitted, as part of every application for annual license for a pet potbellied pig, as proof that said pig has within 301 full business days before said application been inoculated against and/or been blood-tested, with negative (2) That pet potbellied pigs shall be exempt from the quarantine provision of chapter 10, but shall be subject to the provisions of Chapter 10D-3, Florida Administrative Code; (3) That every application for annual license for a pet potbellied pig shall be accompanied by written certification, from al licensed veterinarian, that said pig is spayed orr neutered and was, within 30 days before such application is made, in compliance with this section's age, weight, (4) That every application for annual license for a pet potbellied pig shall be accompanied by a sworna affidavit, signed by the applicant, to the effect that said pig is and shall be fora as long as  oft this provision shall constitute an offense punishable by a fine of $500.00.  status, for pseudorabies and for brucellosis;  and height provisions;  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.1 15)  Page 25 of35    Subpart A- GENERAL ORDINANCES Chapter 10 ANIMALS ARTICLE IV.SWINE ANDI HOUSEHOLDPETS  it is owned by said applicant and regulated under this part, the sole pet potbellied pig owned (5) That before application for annual license for a pet potbellied pig is made, the owner of said pig shall allow the animal care and control center a reasonable and timely opportunity to examine said pig, and its bona fides as a registered potbellied pig pursuant to section 10-85(a) hereinabove, for the purpose of ascertaining that said pig is a true miniature Vietnamese (6) The animal care and control center shall have the authority to refuse application for annual license for any pig which it deems not to be identifiable as a true miniature Vietnamese  orl kept in said applicant's household;  potbellied pig; and potbellied pig. (Ord. No. 693,91,6-27-00)  Sec. 10-86. - Maintenance or use as food source prohibited; restrictions on No potbellied pig regulated by the provisions of this part shall be maintained, or used, as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig by use, sale, trade, or gift of said pig as a food source, or as a research animal, but shall dispose of it only by sale, trade, or gift as a household pet, pursuant to section 10-85 and pursuant to this part, by surrender to the animal careand control center or to the Lynn Haven Animal Control Officer, oral licensed veterinarian. Failure to comply with any provision of this section shall constitute a Class D offense against the city punishable by a  disposition.  $500.00 fine.  (Ord. No. 693, $1,6-27-00)  Sec. 10-87.- Cruelty, humane treatment.  All ordinance code provisions and all Florida state statutes which pertain to cruelty to, or humane treatment of, animals and which are not superseded by any specific provision of this part, shall apply  to the ownership of pet potbellied pigs as regulated under this part.  (Ord. No. 693,91,6-27-00) Secs. 10-88. Service Animals.  (a) Businesses open to the public shall not exclude a service animal, or service animal in training, from entering their establishment. A service animal is a dog or miniature horse not exceeding 34" and 100 pounds that is trained to perform tasks for an individual with a disability.  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.: 15)  Page 26 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE IV.SWINE ANDI HOUSEHOLD PETS  (b). Service animals shall be under the handler's control at all times. A service animal can be excluded ifi itis out of control and the handler does not take effective action to control it, orif  the animal is not housebroken.  (c) Aservice animal is not a pet for purposes of enforcement of this Chapter.  Secs. 10-89-10-105. - Reserved.  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.: 15)  Page 270 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE' V. IMPOUNMENT  ARTICLE V.-1 IMPOUNDMENT  Sec. 10-106. - Authority of animal control officers.  (a) All animal control officers shall have the authority to pick up, catch, impound, or otherwise confine any stray or wild animal, injured, neglected or abused animal, or any animal foundi in violation oft this (b) No person shall willfully refuse to surrender an animal upon lawful demand by an animal control officer. Noy person shall interfere with any animal control officer or anyone who may be assisting him while lawfully apprehending an animal. No person shall hold, hide, or conceal any animal which an animal control officer has deemed to bei in violation of this chapter. No person shall take or attempt toi take an animal from an animal control officer ori from any vehicle used to transport animals in the performance of his duties. No person shall take or attempt to take any animal from an animal control (c) Any person may restrain in a humane manner any animal found in violation of this chapter. When such restraint is made, such person shall immediately notify the city animal control officer. Such person shall treat the animal's safety and well-being. The city animal control officer may impound  chapter.  shelter without proper authority.  any animal SO restrained and process the animal pursuant to this article.  (Ord. No. 693,91,6-27-00; Ord. No. 1136, $1,5-24-22)  Sec. 10-107. - Duty to surrender violating animals, right of entry.  On demand by any police officer, or other person designated by the chief of police, no person shall refuse to give up or surrender any animal that may be the subject of lawful impoundment, and any such officer or other person may enter upon private property or premises to effect such capture and  impoundment, or to enforce any provision of this chapter.  (Ord. No. 693,91,6-27-00)  Sec. 10-108. - Immunity from prosecution.  Any animal control officer, law enforcement officer or code enforcement officer is immune from prosecution, civil or criminal, for reasonable, goodi faitht trespass upon real property or injury to animals  while in the discharge of duties imposed by this division.  (Ord. No. 693,51,6 6-27-00)  Created: 2024-05-03 12:59:28 [EST]  (Supp. No. 15)  Page 28 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE V. IMPOUNMENT  Sec. 10-109. - Provision of animal shelter.  The city, either directly or by contract, shall provide an animal shelter for the purpose of maintaining  and keeping animals that may bei impounded pursuant to this article.  (Ord. No. 693, $1,6-27-00)  Sec. 10-110. - Adoption, impoundment and redemption of animals; fee schedule. (a) All animals remaining at the animal shelter for three days shall become the property of the animal shelterand shall be disposed ofi in accordance withi the policies oft the operator oft the animal shelter. The owner or keeper of an impounded animal shall be responsible for and pay such impoundment fees as may be required. Any party willing to adopt any animals in the custody of the city shall pay (b) The redemption fees imposed by the city shall be established by the city commission and printed in (c) No animal required to be licensed may be redeemed until or unless it is properly licensed and inoculated or1 the owner or keeper provides proof that the animal has obtained an electronic radio  such fees and sterilization deposit as may be required.  appendix A ofthis Code.  frequency identification device (RFID) implantation.  (Ord. No. 693, $1,6-27-00; Ord. No. 877,91,6-12-07; Ord. No. 1136, $1,5-24-22)  Sec. 10-110.5.- Voluntary surrender by owner.  (a) Owners wishing to surrender an animal shall be allowed to do sO at the discretion of the animal control department. Every owner who voluntarily surrenders an animal must provide a valid photo identification that shows proof of residence along with a current utility bill and sign a form acknowledging that the surrender is voluntary and acknowledging the discretion of the animal control department to dispose of the animal. The animal control department shall not be liable for the disposition ofa any voluntarily surrendered animal after receipt oft the animal from its owner.The animal shall bei immediatelyavalable fora adoption, placement or other appropriate dispositiononce  surrendered.  (b) Owners surrendering animals shall be responsible for paying an intake fee.  (c) Owners wishing to surrender an animal with the request for euthanasia shall be allowed to do: so at the discretion of the animal control department. It is not the policy or practice of animal control department to supply "on-demand" euthanasia procedures, but in the interest of relieving a suffering animal or protecting the public, the animal controle department may provide the service for (d) No owner surrendered or stray animals from outside the City of Lynn Haven's jurisdiction shall be accepted except for humane reasons: such animals shall be referred to another agency. The photo identification of the owner/person wishing to surrender/turn over an animal that shows an address  ai fee or at no charge, at its sole discretion.  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.: 15)  Page 29 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE V. IMPOUNMENT  outside of the City of Lynn Haven's jurisdiction shall be used as the origin of the animal along with  paying an out of Lynn Haven owner surrender fee.  (Ord. No. 1136, ,51,5-24-22)  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.: 15)  Page 300 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE VI. PENALTIES ANDI ENFORCEMENT  ARTICLE VI. - PENALTIES AND ENFORCEMENT  Sec. 10-111.- - Penalties.  (a) Violation of any provision oft this chapter is a civil infraction.  (b) The maximum fine for each civil infraction under this chapter is $500.00 unless otherwise provided (c) Unless otherwise specifically providedi int this chapter, eacha animal is considered: a separate violation, (d) Fines and penalties shall be established by the city commission by resolution in appendix A of this Code. Prior to adopting any such fine or penalty, the city commission shall consider thei following:  by law.  and each section and subsection is considered a separate violation.  (1) The gravity oft the violation. (2) The potential harm to the public. (3) The danger to the animal or other animals. (4) The potential adverse effect(s) on animals or people. (5) The previous violations. (6) The deterrent effect for future violations or violators.  (e) A person who has committed a civil infraction who does not contest the citation and pays the infraction in a timely manner, shall be assessed the uncontested fine amount in appendix A. (f) A person who has committed a civil infraction who does contest the citation, shall be assessed the  contested fine amount in appendix A.  (Ord. No. 1056, S 1, 6-26-18; Ord. No. 1101, $3, 1-12-20; Ord. No. 1136, 51,5-24-22)  Sec. 10-112. - Administration and enforcement.  (a) The city's animal control officers and state and local law enforcement officers and other state and local government employees whose duties involve, inv whole ori in part, the seizureandi impoundment of anya animal are authorized to investigate, onp public or private property, civil infractions relating to animal control or cruelty and toi issue citations for violations ofthis chapter. An animal control officer is also authorized to capture and impound animals found in violation of this chapter as provided herein. An animal control officer, who is not also a law enforcement officer as defined by F.S. S 943.10, is not authorized to bear arms or make arrests; however, such an animal control officer may carry a device to chemically subdue and tranquilize an animal, provided the animal control officer (b) All laws of the State of Florida related to animal control or animal care are hereby incorporated in this chapter by reference. If any provision of state lawi is not otherwise expressed int this chapter, an animal control officer may issue a citation using this subsection and noting the section of Florida Statute violated. Such violations shall be subject to at fine notedi ini in appendix A of this Code.  has the prerequisite training pursuant to F.S. S 828.27.  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.: 15)  Page 31 of35    Subpart. A- GENERAL ORDINANCES Chapter 10 ANIMALS ARTICLE VI. PENALTIES. ANDI ENFORCEMENT  (c) Animal control officers shall, upon proper reasonable suspicion, when needed to investigate violations, petition any county court judge fori inspection or search and: seizure warrants pursuant to their duties herein, and as defined in this chapter or Florida Statutes, in accordance withF.S.ch.933. (d) Animal control officers are authorized to pursue any animal that is in violation of any provision of this chapter through and across any unsecured property and into non-secure enclosures (excluding  dwellings used as a residence). Sec. 10-113. - Citations.  (Ord. No. 1056, 51, 6-26-18; Ord. No. 1136, $1, 5-24-22)  (a) An animal control officeri is authorized to issue a citationi to a person when the animal control officer has probable cause, based upon direct evidence, observation, ora sworn affidavit from a witness, to believe that the person has committed a civil infraction in violation of this chapter and the county court will hear the charge. An animal control officer based upon the individual circumstances and available facts (including any known history), prior to issuing a citation, may issue a warning citation containing ane explanation oft the circumstancesand: recommended corrective action and establishing a reasonable time period in which the person must correct the violation. If a warning citation is issued, the animal control officer will perform a follow-up investigation to determine whether the (b) Whenever possible, a citation issued by an animal control officer shall be hand delivered to the violator (or the violator's representative having custodial responsibilities at the location of the violation). If the animal control officer is unable to hand deliver the citation, the animal control division shall send a letter by certified mail to the violator. Failure to accept delivery of the certified letter shall be considered a willful refusal to signi for and accept issuance of the citation. (c) After issuing the citation, the issuing officer shall deposit the original and one copy of the citation  situation still exists.  with the county court in and for Bay County. (d) A citation issued by an animal control officer shall contain: (1) The date and time ofi issuance.  (2) The name and address oft the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting probable cause. (5) The ordinance code section violated.  (6) The name and authority of the animal control officer.  (7) The procedure for the person to follow for payment of the civil fine. to contest the citation, or  to appear in court as required.  (8) The applicable civili fine if the person elects to contest the citation. (9) The applicable civil finei if the person elects not to contest the citation.  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.1 15)  Page 32 of35    Subpart A- GENERAL ORDINANCES Chapter 10- ANIMALS ARTICLE VI. PENALTIES ANDI ENFORCEMENT  (10) A conspicuous statement that if the person fails to pay the civil fine within the time allowed or fails to appear in county court to contest the citation, the person shall be deemed to have waived his/her right to contest the citation and that, in such case, judgment may be entered (11) A conspicuous statement that if the person is required to appear in court, he or she does not (e) Unless cited for a violation for which court appearance is mandatory, a person cited for a civil  against the person for an amount upt to the maximum civil fine. have the option of paying ai fine in lieu of appearing in court. infraction shall, within ten days of the date of receipt of the citation, either:  (1) Pay the civil fine to the clerk of court, or  (2) Obtain a court date from the office of the clerk oft the county court to appeal the citation. (f) Ifa person fails toy payt the civili fine within thet time prescribed in the citation ori fails to obtaina a court date, or having obtained a court date. fails to appear in court to contest the citation, the person shall be deemed to have waived the right to contest the citation. In such case, final judgment may be entered against the person in the maximum civil fine allowed, which shall be payable within 30 days  from the date of execution of the final judgment. (g) Persons cited for thet following must appear in county court:  (1) Violations oft this chapter, resultingi int the unprovoked biting, attacking or wounding ofa a person (2) Violations of this chapter, resulting in the destruction or loss of personal property; (3) Second or subsequent violations of the animal cruelty or neglect provisions of this chapter. (4) Violations resulting fromi thei issuance ofat third or subsequent citation to a person. For citations involving the above listed mandatory court appearance violations, the citation: shall specify that the court appearance is mandatory. If person SO citedi fails to appear withini the time prescribed in the citation to obtain a court date or having obtained a court date, fails to appear in court, a default final judgment may be entered against the person in the maximum civil fine payable  orc domestic animal;  within 30 days from the date of execution of final judgment.  (hg) Any person who willfully refuses to sign and accept a citation issued by an animal control officer shall be in violation of F.S. S 828.27(5) and this chapter and shall be punished by a fine not to (ih) A$5.00 surcharge shall be charged and collected upon each civil fine imposed for each violation of this chapter, as authorized by F.S. $ 828.27(4)(b). If the court adjudicates the violation as suspended or guilty with no fine, the surcharge shall still be charged and collected upon that violation, even if court costs are not assessed. The clerk of the court shall deposit the proceeds from such surcharge into a separate account for animal control and the funds shall be used only to pay for costs associated with training for animal control officers as required by state law.  exceed $500.00 and any other punishment authorized by law.  (Ord. No. 1136, $1, 5-24-22)  Created: 2024-05-03 12:59:28 [EST]  (Supp. No.15)  Page 33of35    Subpart A- GENERAL ORDINANCES Chapter 10 ANIMALS ARTICLE VI. PENALTIES. ANDI ENFORCEMENT  Sec. 10-114. - Repeated invalid complaints.  Itis unlawful for a person to provide false or misleading information willfully and knowingly to the animal control department on matters pertaining to the enforcement of this chapter or state law. (1) Upon determination that a complaint is invalid, the investigating officer shall notify the complainant, in writing, of the determination andi the reason for the determination. (2) Any person who receives a second or notice of an invalid complaint or any subsequent notices thereafter may bei issued a citation for a violation oft this sectionand: subject to thet fines as outlined  ina appendix A. (Ord. No. 1136,91,5-24-22)  Created: 2024-05-03 12:59:28 [EST]  (Supp. No. 15)  Page 340 of35    SECTION2. Allordinances or partsofordinances: in conflictherewith are hereby repealed to the extent of such conflict. If any phrase, clause, sentence, paragraph, section, or subsection of this Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining phrases, clauses, sentences, paragraphs, sections or subsections of this Ordinance. SECTION 3. Iti is the intention of the Commission that the provisions of this Ordinance shall become a part of the City's Code of Ordinances. The provisions of this Ordinance may be renumbered or re-lettered with cross- references corrected and the word 'ordinance" may be changed to 'section," "article", "division" or other appropriate word to accomplish such intention. SECTION 4. This Ordinance shall take effect immediately upon PASSED, APPROVED AND ADOPTED at the regular meeting of the City Commission of the City of Lynn Haven, Florida, this Sth day of  passage.  Ockobes fivst  2024. jauau  Patcusy  CITY OF LYNN HAVEN, FLORIDA  Setcinc Poodungy lo8la4  Ou24 Jesse Nelson, Mayor  ATTEST: tdi Vickie  fa  Gainer, City Manager-Clerk  Page 35 of35