§ 4-3. Definitions.
[The following words, terms and phrases, when used in this chapter, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
Animal means any living dumb creature.
Animal Control Officer means any law enforcement officer, employee of the Lake County Sheriff, or other authorized agents, whose duties, in whole or in part, include aiding in the enforcement of the codes and ordinances of Lake County and any other law relating to the licensure of animals, control of animals, dangerous dogs and animals, or seizure and impoundment of animals, and who is authorized to investigate, on public or private property, alleged violations of this chapter.
Animal establishment means any pet shop, grooming shop, flea market, auction, riding school or stable, boarding, Kennel, cattery, or any other premises or property where animals are kept as part or whole of a business concern.
Animal Rescue Organization means a humane society or not for profit corporation who operates a charitable organization under section 501(c)(3) of the Internal Revenue Code and whose mission includes the rescue, care, or adoption of animals, and which does not obtain animals from a breeder or broker for payment or compensation.
Animal Services means the Lake County Office of Animal Services.
Animal Shelter means any facility, including any sub-shelter, devoted to the rescue, care and adoption of animals and which does not obtain animals from a breeder or broker for payment for compensation.
At large means any animal not under proper restraint or the direct control, custody, charge or possession of the owner.
Attack means any threatening or menacing act by an animal that requires a defensive action by any person to prevent injury, or that results in hostile contact, or causes some type of injury.
Community Cat shall mean a feral cat which has been spayed/neutered, vaccinated, and ear-tipped. A Community Cat shall not be subject to the definition of "kennel" in Chapter II of the Lake County Land Development Regulations.
Community Cat Caregiver means a person who, in accordance with a 'Trap-Neuter-Return' (TNR) Program, provides care, including food, water, shelter or veterinary care to a Community Cat. A Community Cat Caregiver shall not be considered the owner of a Community Cat and shall not be subject to the definition of "kennel" in Chapter II of the Lake County Land Development Regulations.
Control means the regulation of the possession, ownership, care, and custody of animals.
Cruelty means any act of neglect, torture, or torment which causes unjustifiable pain or suffering to an animal.
Dangerous animal means any animal other than a dog which by reason of its nature, training, disposition, size, or other characteristics constitutes a danger to humans or other animals.
Dangerous dog means any dog that has:
(1)
Aggressively bitten, attacked, or endangered, or has inflicted severe injury on a human being on public or private property;
(2)
More than once severely injured or killed a domestic animal while off the owner's property; or
(3)
Been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
(4)
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 (1) or more persons and dutifully investigated by the appropriate authority.
Director means any person employed or appointed by Lake County as the manager or director of the Lake County Office of Animal Services.
Domestic animal means equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other domesticated beast or bird.
Eartipping means the removal of the ¼ inch tip of a Community Cat's left ear, performed while the cat is under anesthesia, to identify the Community Cat as being sterilized and lawfully vaccinated for rabies.
Euthanasia is swift and merciful means whereby animals are destroyed in a humane and proficient manner as set forth in F.S. § 828.058.
Feral animal means any wild domestic animal, whether it was born in the wild or reverted to a wild state due to abandonment or lack of domestication.
Law enforcement officer means any person as defined by F.S. § 943.10.
Livestock means grazing animals, such as cattle, horses, sheep, swine, goats, other hoofed animals, ostriches, emus, and rheas which are raised for private use or commercial purposes.
Livestock running at large or straying means any livestock found or being on any public land or land belonging to a person other than the owner of the livestock, without the landowner's permission, and posing a threat to public safety.
Nuisance animal means any animal that unreasonably annoys or disturbs other persons, threatens the safety of other animals or persons, or substantially interferes with the ordinary use and enjoyment of life or property.
Owner means any person who is eighteen (18) years of age or older who owns, possesses, has custody of, or control of an animal. If an animal is owned by a minor under the age of eighteen (18), a parent or guardian of the minor shall be considered the owner for purposes of this chapter.
Proper enclosure of 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 any person, or of any body part of any person, and designed to prevent the animal from escaping, or partially advancing through the locked pen or structure. The pen or structure shall have secure sides, a secure top, and a secure floor to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements.
Proper restraint means:
(1)
Securely and humanely confined within a house, vehicle, building, fence, crate, pen, or other enclosure to prevent escape; or
(2)
Leashed or otherwise controlled by a responsible person or is obedient to the voice command of a person present with the animal at any time it is not secured as provided for in (1) above. The voice command must be demonstrated as an effective restraint if requested.
Severe Injury means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
Special master means that person appointed by the Board of County Commissioners as the Lake County Code Enforcement Special Master.
Suffering Animal means an animal with an illness, infection, disease, medical condition, behavioral condition, or injury that has a grave prognosis for being able to live or grave prognosis for rehabilitation.
Tether or tethering means to restrain a dog by tying the dog to any object or structure, including without limitation a house, tree, fence, post, garage or shed, by any means, including without limitation, a chain, rope, cord, leash, or running line. Walking a dog on a leash shall not be considered to be tethering.
Trap-Neuter-Return means, generally, the process of humanely trapping, sterilizing, vaccinating for rabies, Eartipping, and returning Community Cats to their original location.
Unprovoked means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
(Ord. No. 2009-47, § 2, 9-1-09; Ord. No. 2012-26, § 2, 4-10-12; Ord. No. 2012-66, § 3, 10-23-2012; Ord. No. 2015-20, § 2, 6-9-15; Ord. No. 2017-16, § 2, 4-4-17; Ord. No. 2018-22, § 2, 5-8-18)