§ 4-22. Definitions.
In construing this article, the singular shall include the plural and the masculine shall include the feminine.
Altered animal or sterilized animal shall be defined as an animal that has been rendered permanently incapable of reproduction (i.e., spayed or neutered).
Animal shall be defined to include every living dumb creature as defined under Florida law.
Animal control administrator shall be defined as that person in charge of the administration of animal control.
Animal control authority shall be defined as the administrative and governing body tasked with animal control and animal services for Polk County. The animal control authority shall be designated by the board of county commissioners as an entity acting alone or in concert with other local governmental units and authorized by them to enforce the animal control laws of the city, county, or state.
Animal control license program authority shall be designated by the animal control authority to provide animal licensing services.
Animal control officer shall be defined as any person, pursuant to Section 828.03, Florida Statute, employed by the animal control authority for animal control purposes or appointed by a county or municipality who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations as provided in this section. An animal control officer is not authorized to bear arms or make arrests; however, such officer may carry a device to chemically subdue and tranquilize an animal, provided that such officer has successfully completed a minimum of sixteen (16) hours of training in marksmanship, equipment handling, safety and animal care, and can demonstrate proficiency in chemical immobilization of animals in accordance with guidelines prescribed in the chemical immobilization operational guide of the American Humane Association.
At large shall be defined as an animal found off the premises of the owner or custodian, and not under the direct control, custody, charge, or possession of the owner or other custodian. This animal is identified at the time of impoundment or thereafter.
Business days shall be defined as the hours of operation for the business office of the animal control authority.
Cat shall be defined as the domestic cat, felis catus.
Companion animal shall be defined as any animal that lives with and about the habitat of a human, as a pet, and that is dependent upon that human for its survival. Excluded from this definition is indigenous and non-indigenous wildlife, under the exclusive jurisdiction of the state, animals used in connection with pari-mutuel wagering, or animals raised in connection with food or fiber industries.
County, county commissioners, board or board of county commissioners shall be defined as the board of county commissioners of Polk County, Florida.
Dangerous dogs shall be defined in accordance with Section 767.11, Florida Statutes.
Direct control shall be defined as immediate and continuous physical control of an animal at all times such as by means of a fence, leash, cord or chain of sufficient strength to restrain the same; or in the case of specifically trained or hunting animals which immediately respond to such commands, direct control shall also include aural or oral control, if the controlling person is at all times clearly and fully within the unobstructed sight and hearing of the animal.
Dog shall be defined as, but is expressly not limited to, domestic dog, canis familiaris, and any genetic hybridization thereof, including but not limited to wolf hybrids and coyote hybrids that are not regulated by the Florida Wildlife Commission.
Domestic animal shall be defined as set forth in Section 585.01, Florida Statutes.
Feral animal shall be defined as any animal that is born wild or has reverted to the wild and that is unsocialized, untamed, or unable to be approached or handled.
Guard dog shall be defined as any type of dog used primarily for the purpose of defending, patrolling, or protecting individuals or property at any commercial establishment. It does not include any dog that is owned, or the service of which is employed, by a law enforcement agency, used as a service dog for blind, hearing impaired, disabled persons, or any stock dog used primarily for handling and controlling livestock or farm animals.
Hearing officer shall be an attorney and/or retired judge who is a member in good standing with the Florida Bar and a resident of Polk County, Florida, appointed by resolution of the board of county commissioners to serve for a term of one year; they may be reappointed at the end of each term. An appointment to fill a vacancy shall be for the remainder of the unexpired term of office.
Livestock shall be defined as set forth in Section 585.01, Florida Statutes.
Notification shall be defined as animal control's ability to notify the owner or custodian of an animal through the following methods; personal notification, notification by mail, posting the owner or custodian's property, or posting of the owner or custodian's residence.
Offense shall be defined as any violation of this article.
Officer, when used alone, shall have the same meaning as provided under Section 828.27, Florida Statutes, any law enforcement officer defined in Section 943.10, Florida Statutes, or any animal control officer.
Overcrowding of the animal control facility. The animal control administrator or designee shall monitor the occupancy rate of the facility to ensure the kennel area used to house animals is adequate to provide care for the animals taking into account the health of the animals, the desire to adopt and/or rescue as many as possible and the resources available to manage and care for the animals.
Owner/custodian shall be defined as any person, firm, corporation, partnership, trust, estate, business, or other legal entity, harboring, keeping, or having control or custody of an animal. In the case the owner is under eighteen (18) years of age, that person's parent or legal guardian will be responsible.
Service shall be defined as the delivery of judicial process in accordance with Chapter 48, Florida Statutes.
Severe injury means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
Stray shall be defined as any non-feral domestic animals found off of its owner's property without the owner's consent and without the consent to be on the property where the animal is found.
Valid license tag shall be defined as a current, Polk County license tag that is approved by the animal control authority. Each tag issued will be valid for a period of time that is determined by the type of license tag issued, either single or multi year. The validity of such license tag shall not exceed the validity of the vaccine issued to the animal.
Veterinarian shall be defined as a person who is duly licensed to engage in the practice of veterinary medicine under the authority of Chapter 474, Florida Statute.
(Ord. No. 18-068, § 2, 10-2-18)