Miami-Dade County, Florida

Sarasota, Florida

Miami-Dade County, Florida

CODE of MIAMI-DADE COUNTY, FLORIDA Codified through Ord. No. 05-53, enacted March 15, 2005. (Supplement No. 45)

ARTICLE I. IN GENERAL

ARTICLE II. DOGS*

III. CATS*

ARTICLE I. IN GENERAL

Sec. 5-1. Enforcement.

Miami-Dade County Animal Control Officers shall be responsible for enforcing the sections of this chapter.

(Ord. No. 91-127, § 1, 10-15-91)

Sec. 5-2. Wild animals and reptiles.

It shall be unlawful for any person to persons to keep any wild animal or reptile without first complying with the provisions of Chapter 372, Florida Statutes, and all regulations promulgated by the Florida Game and Fresh Water Fish Commission.

(Ord. No. 58-5, § 22.08, 2-18-58; Ord. No. 73-40, § 1, 4-16-73; Ord. No. 76-50, § 1, 6-1-76)

Sec. 5-2.1. Sterilization requirements for animals adopted from the Miami-Dade County Animal Shelter.

(a)     All responsible parties adopting or acquiring ownership of animals from the Miami-Dade County Animal Shelter shall:

(1)     Ensure that the animal is sterilized by a licensed veterinarian before obtaining custody of the animal; or, where not medically recommended;

(2)     Enter into a written agreement guaranteeing that sterilization will be performed prior to the animal reaching sexual maturity, or nine (9) months of age, whichever occurs first. Breach of the agreement shall be a separate violation of this section.

(b)     Penalties. A violation of this section shall be punished by a fine of five hundred dollars ($500.00).

(Ord. No. 94-124, § 1, 6-21-94)

Sec. 5-2.2. Breeders, kennels and pet stores.

(a)     Definitions. As used in this section, the following definition shall apply:

(1)     Animals shall mean dogs and cats, except for Section 5-2.2(b), where it will include, birds, rabbits, gerbils, hamsters and ferrets.

(2)     Breeding shall mean to cause to reproduce.

(3)     Commercial breeder shall mean any person, firm, partnership, corporation, or other association which engages in breeding animals for the purpose of sale or transfer of animals for compensation. Hobby breeders are excluded from this classification.

(4)     Commercial animal establishment shall mean a pet store or other facility which sells or transfers animals to others for compensation; a kennel or animal boarding facility; or a person who engages in the business of selling or offering to sell animals. Commercial animal establishment shall not include entities operating as dog tracks, governmental agencies, hobby breeders, laboratories, other facilities housing animals for medical research which are approved by a federal agency, and Veterinarians regulated by the Department of Business and Professional Regulation (BPR).

(5)     Compensation shall mean something given or received as payment or reparation as for a service or product.

(6)     Hobby breeder shall be a person housing or breeding animals at or adjoining a private residence for the purpose of exhibiting animals at organized shows or for the purpose of improving the breed and an active member of a national, state or local breeder organization. Hobby breeders may sell one (1) litter of puppies or kittens per year per female animal.

(7)     Housing facility shall mean the larger structure within which primary enclosures containing animals are stored.

(8)     Kennel shall mean a commercial animal establishment used for keeping five (5) or more dogs or cats, for sale, breeding, boarding or treatment purposes. Animal hospitals, dog beauty parlors or pet shops, as permitted by law, are excluded from this classification.

(9)     Official certificate of veterinary inspection shall mean a legible certificate of veterinary inspection signed by the examining veterinarian that shows the age, sex, breed, color, and health record of the dog or cat, the printed or typed names and addresses of the person or business from whom the animal was obtained, the consignor or seller, the consignee purchaser, and the examining veterinarian, and the veterinarian's license number. It must list all vaccines and deworming medications administered to the dog or cat, including the manufacturer, vaccine type, lot number, expiration date, and the dates of examining veterinarian warrants that, to the best of his or her knowledge, the animal has no signs of contagious or infectious disease and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks.

(10)     Pet dealer means any person, firm, partnership, corporation, or other association which, in the ordinary course of business, engages in the sale of dogs or cats to the public. This definition includes commercial and hobby breeders who sell such animals directly to the consumer.

(11)     Pet store shall mean any commercial animal establishment that acquires and/or sells/transfers or offers to sell/transfer cats and/or dogs.

(12)     Primary enclosure shall mean a structure where an animal is housed and maintained.

(13)     Private residence shall mean a place in which a person lives that belongs to or is leased by the person and/or an immediate member of his or her family.

(14)     Repeat violation shall mean that the individual received more than one (1) civil violation notice.

(15)     Structurally sound shall mean that the physical conditions of the enclosure meets acceptable industry construction standards from the enclosure manufacturer or the building code.

(16)     Veterinarian shall mean a person who is licensed to engage in the practice of veterinary medicine under F.S. ch. 474 and is accredited by the United States Department of Agriculture.

(17)     Wolf-Hybrid shall mean any domestic dog with genetic makeup from a wolf in its inheritance, as the result of breeding between a dog and a wolf.

(b)     Minimum standards for the care of animals by Breeders, kennels and pet stores. All commercial animal establishments located in or engaging in business in Miami-Dade County shall comply with the minimum standards contained in this article for the care of animals as indicated below:

(1)     Housing facilities. Indoor and outdoor housing facilities for animals shall be maintained in accordance with normal facility maintenance practices, shall protect the animal from injury; and shall contain the animal.

(2)     Water. Water, free of debris and accessible to the animal at all times shall be provided, except when directed otherwise in writing by a licensed veterinarian.

(3)     Storage of food. Supplies of food in commercial animal establishments shall be stored in sealed containers or other containers which protects the food against insect infestation and/or contamination. Refrigeration shall be provided for supplies of food whose labeling requires it.

(4)     Ventilation. Housing facilities for animals shall be ventilated with fresh air either by means of windows, doors, vents or air conditioning.

(5)     Shade. Outdoor housing facilities shall provide each animal with shade that covers each animal's entire body from the rays of the sun.

(6)     Primary enclosures. All primary enclosures for animals within an indoor or outdoor housing facility shall conform to the following minimum requirements, except where indicated otherwise in writing by a licensed veterinarian for medical reasons.

(I)     Primary enclosures shall be structurally sound and constructed so as to permit the animal within them to remain dry.

(II)     Primary enclosures shall be maintained so that the animals contained inside have access to water free of contamination.

(III)     The floors of the primary enclosure that are not a solid surface shall be of an open-weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside. The solid surface of the mesh which the floor is made, shall be not less than one-fourth ( 1/4) inch wide in diameter. Where the floor of the primary enclosure is a solid surface, newspaper or a receptacle containing litter shall be provided to contain excreta.

(IV)     The primary enclosure shall be constructed and maintained so as to provide sufficient space for the animal contained therein to make normal postural adjustments and have full freedom of movement.

(7)     Feeding. All animals shall be fed at least once a day, except as otherwise directed in writing by a licensed veterinarian. The food shall be accessible, free from contamination and/or insect infestation, and shall be of sufficient quantity and nutritive value to meet the minimal daily requirements for the condition and size of the animal as set forth by the commercial food industry or by a licensed veterinarian.

(8)     Sanitation. Primary enclosures in commercial animal establishments shall be cleaned at least daily.

(9)     Separation. The following restrictions apply to animals house in the same primary enclosure in commercial animal establishments:

(I)     Females in season shall not be housed in the same primary enclosure with males, except for breeding purposes.

(II)     Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams or surrogate dams.

(III)     Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals.

(IV)     Animals under quarantine or treatment for a communicable disease shall be housed according to generally accepted veterinary medical requirements.

(c)     Animal sale health requirements.

(1)     Before a dog is offered for sale it shall receive from a veterinarian vaccines and anthelmintics against the following diseases and internal parasites:

(I)     Canine distemper.

(II)     Leptospirosis.

(III)     Bordetella (by intranasal inoculation or by an alternative method of administration if deemed necessary by the attending veterinarian and noted on the health certificate which must be administrated in this County once before sale).

(IV)     Parainfluenza.

(V)     Hepatitis.

(VI)     Canine parvo.

(VII)     Rabies, if the dog is over 3 months of age and the inoculation is administered by a veterinarian.

(VIII)     Roundworm.

(IX)     Hookworm.

The tests, vaccines, and anthelmintics must be administered prior to the dog being offered for sale, unless a veterinarian certifies on the official certification of veterinary inspection that to inoculate or deworm the dog is not in the best medical interest of the dog, in which case the vaccine or anthelmintic may not be administered to that particular dog.

If the dog is under four (4) months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty-one (21) days before sale within the County. If the dog is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after three (3) months of age, but no more than one (1) year before the sale.

Each dog over six (6) months of age must be tested for heartworm before being offered for sale.

(2)     Before a cat is offered for sale it shall receive from a veterinarian vaccines and anthelmintics against the following diseases and internal parasites:

(I)     Panleukopenia.

(II)     Feline viral rhinotracheitis.

(III)     Calici virus.

(IV)     Rabies, if the cat is over three (3) months of age and the inoculation is administered by a veterinarian.

(V)     Hookworm.

(VI)     Roundworms.

The tests, vaccines, and anthelmintics must be administered prior to the cat being offered for sale, unless a veterinarian certifies on the official certification of veterinary inspection that to inoculate or deworm the cat is not in the best medical interest of the cat, in which case the vaccine or anthelmintic may not be administered to that particular cat.

If the cat is under four (4) months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty-one (21) days before sale within the County. If the cat is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after three (3) months of age, but no more than one (1) year before the sale.

Each cat must also be tested for feline leukemia before being offered for sale.

(3)     All dogs and cats sold in the County must have a microchip implanted prior to sale.

(4)     Each dog and cat must be accompanied by a current official certificate of veterinary inspection at all times while being offered for sale within the County. Copies of these certificates shall be held by the seller and the veterinarian for a period of three (3) years.

(5)     The examination of each dog and cat by a veterinarian must take place no more than thirty (30) days before the sale within the County.

(6)     No person may offer to sell or transfer any dog or cat that is less than eight (8) weeks of age.

(7)     The records of a pet dealer shall be open for inspection by an Investigator from Animal Care and Control for compliance with this section of the Code.

(8)     County-operated or City-operated animal control agencies and State of Florida registered nonprofit humane organizations are exempt from this section.

(d)     Sale and breeding of Wolf-hybrids.

(1)     No Wolf-hybrid may be sold, or purchased in Miami-Dade County.

(2)     No Wolf-hybrid may be bred in Miami-Dade County.

(e)     Commercial breeder license requirements.

(1)     No person, firm, association, business, joint venture, partnership shall act or perform services of a commercial breeder in Miami-Dade County without first obtaining a commercial breeder's license. A separate license shall be required for each place of business that the services of a breeder are being performed.

(2)     Application for a commercial breeder's license shall be on a form prescribed by the Animal Care and Control Division.

(3)     The commercial breeder's license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a commercial breeder's license shall not alter or the requirement of renewal on the anniversary date of the original issuance.

(4)     The annual license fee for a commercial breeder's license shall be fixed by administrative order of the County Manager approved by the Board of the County Commission.

(5)     Premises on which animals are kept for breeding shall be subject to inspection by Animal Care and Control for compliance with Section 5-2.2(b). Refusal by the licensee or his agent to allow inspection of the premises will result in the suspension of license to operate as a commercial breeder, until such inspection is allowed. Repeat refusals will be grounds for license revocation.

(6)     Repeated violations of Section 5-2.2(b) which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a commercial breeder's license by the Chief, Animal Care and Control Division. The suspension, revocation or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with the provisions listed in Section 5-2.2(I). Operating as a commercial breeder after suspension, revocation or denial of a license is a violation of this section.

(7)     Operating as a commercial breeder without first obtaining a commercial breeder's license shall subject the violator to the following penalties:

(I)     A civil penalty as defined in Section 8CC-10 of the Code.

(II)     Two (2) times the license fee for the issuance of the commercial breeder's license.

(f)     Hobby breeder registration requirements.

(1)     No person, firm, association, business, joint venture, partnership shall act or perform services of a hobby breeder in Miami-Dade County without first registering as a hobby breeder.

(2)     Registration as a hobby breeder shall be on a form prescribed by the Animal Care and Control Division.

(3)     The hobby breeder registration is a one-time registration.

(4)     A one (1) time hobby breeder registration fee shall be paid at the time of registration as set by an administrative order of the County Manager approved by the Board of County Commissioners.

(5)     Upon receipt of a complaint, Animal Care and Control may inspect the premise that a hobby breeder house his or her animals.

(6)     Operating as a hobby breeder without first registering shall be subject to the following penalties:

(I)     A civil penalty as defined in Section 8CC-10 of the Code.

(II)     Two (2) times the registration fee for issuance of the hobby breeder registration.

(g)     Kennel license requirements.

(1)     No person, firm, association, business, joint venture, partnership shall provide the services of a kennel in Miami-Dade County without first obtaining a kennel license. A separate license shall be required for each place of business that kennel services are being offered.

(2)     Application for a kennel license shall be on a form prescribed by the Animal Care and Control Division.

(3)     The kennel license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a license shall not alter or waive the requirement of renewal on the anniversary date of the original issuance.

(4)     The annual license fee for a kennel license shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners. County-operated and city-operated and State of Florida registered not-for-profit humane organizations are exempt from this fee, but must be registered.

(5)     Kennels shall be subject to inspection by Animal Care and Control for compliance with Section 5-2.2(b). Refusal by the licensee or his agent to allow inspection of the premises will result in the suspension of license to operate as a kennel, until such inspection is allowed. Repeat refusals will be grounds for license revocation.

(6)     Repeated violations of Section 5-2.2(b) which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a kennel license by the Chief, Animal Care and Control Division. The suspension, revocation or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with the provisions listed in Section 5-2.2(I). Operating a kennel after suspension, revocation or denial of a license is a violation of this section.

(7)     Operating a kennel without first obtaining a kennel license shall subject the violator to the following penalties:

(I)     A civil penalty as defined in Section 8CC-10 of the Code.

(II)     Two (2) times the license fee for the issuance of the kennel license.

(h)     Pet store license requirements.

(1)     No person, firm, association, business, joint venture, partnership shall operate a pet store in Miami-Dade County without first obtaining a pet store license. A separate license shall be required for each place of business that operates as a pet store.

(2)     Application for a pet store license shall be on a form prescribed by Animal Care and Control Division.

(3)     The license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a license shall not alter or waive the requirement of renewal on the anniversary date of the original issuance.

(4)     The annual license for the pet store license shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners.

(5)     All animals housed in pet stores shall meet the standards listed in Section 5-2.2(b). Pet stores shall be subject to inspection by Animal Care and Control for compliance with Section 5-2.2(b). Refusal by the licensee or his agent to allow inspection of the premises will result in the suspension of license to operate as a pet store, until such inspection is allowed. Repeat refusals will be grounds for license revocation.

(6)     Repeat violations of Section 5-2.2(b) by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a pet store license by the Chief, Animal Care and Control Division. The suspension, revocation or denial of renewal may be appealed providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of by renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with the provisions listed in Section 5-2.2(i). Operating a pet store after suspension, revocation or denial of a license is a violation of this section.

(7)     Operating a pet store without first obtaining a pet store license shall subject the violator to the following penalties:

(I)     A civil penalty as defined in Section 8CC-10 of the Code.

(II)     Two (2) times the license fee for the issuance of the pet store license.

(i)     Appeal procedures.

(1)     Upon receipt of a timely request for an administrative hearing a hearing will be scheduled with a hearing officer.

(2)     A notice of hearing shall be sent by first class mail to named appellant at his or her last known address. The notice of hearing shall include but not be limited to the following:

(I)     Place, date and time of the hearing.

(II)     Right of the appellant to be represented by a lawyer.

(III)     Right of the appellant to present witnesses and evidence.

(IV)     Notice that failure of the appellant to attend the hearing may result in cost being assessed against him or her.

(V)     Notice that requests for continuances will be not be considered if not received by the hearing officer at least ten (10) calendar days prior to the date set for the hearing.

(3)     A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the hearing officer at least ten (10) calendar days prior to the date set for the hearing.

(4)     All hearings of the hearing officer shall be open to the public. Assuming proper notice, a hearing may proceed in the absence of the named appellant.

(5)     The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. All testimony shall be under oath.

(6)     The Clerk of the Board of County Commissioners shall provide clerical and administrative personnel as may be reasonably required by the hearing officer for the proper performance of his or her duties.

(7)     Each case before a hearing officer shall be presented by the County Manager or his or her designee

(8)     The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence shall be admitted if the hearing officer finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary.

(9)     Each party shall have the right to call and examine witnesses to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered on direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her.

(10)     The hearing officer shall make findings of fact based on the evidence of record. In order to make a finding upholding the suspension, revocation or denial of renewal of a license, the hearing officer must find that the preponderance of the evidence supports repeated violations of Section 5-2.2(b).

(11)     Based upon the fact-finding determination, the hearing officer shall either affirm or reversed suspension, revocation or denial of renewal of the license of the appellant.

(12)     If the decision of the hearing officer is to affirm the Department's decision, then the appellant shall be responsible to pay the administrative costs of the hearing.

(13)     The hearing officer shall have the power to:

(I)     Adopt procedures for the conduct of the hearing.

(II)     Subpoena the appellant and witnesses for hearing.

(III)     Subpoena evidence

(IV)     Take testimony under oath.

(V)     Assess and order the payment of administrative costs.

(14)     The appellant or the department may file a written request for a hearing in the County Court to appeal the decision within ten (10) business days after receipt of the written notification of the hearing officer's decision.

(15)     A certified copy of a hearing officer's order imposing administrative costs may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. After one (1) year from filing of any such lien which remains unpaid. Miami-Dade County may foreclose or otherwise execute on the lien.

(16)     During the appeal process, the suspension, revocation or denial of appeal is stayed.

(Ord. No. 98-48, § 1, 4-21-98)

Editor's note: Section 5-2.2, relating to artificially colored animals, has been deleted as covered by F.S. § 828.161. The section was derived from Ord. No. 60-4, § 2, adopted Feb. 2, 1960. Subsequently, Ord. No. 98-48, § 1, adopted April 21, 1998, added a new § 5-2.2 to read as herein set out.

Sec. 5-2.3. Possession, sale, etc., of baby chickens, ducklings, rabbits, when artificially colored.

It shall be unlawful for any person to possess, offer for sale, sell, barter or give away within the County any dyed or artificially colored rabbit or other animal, baby chicken, duckling or other fowl.

(Ord. No. 60-4, § 3, 2-2-60)

Sec. 5-2.3.1. Sale, etc., of live turtles--Prohibited; exception.

It shall be unlawful for any person to sell, offer for sale, barter or give away live turtles except where adequate bacteriological proof is submitted to the Miami-Dade County Department of Public Health that such turtles are free from salmonella contamination. Adequate bacteriological proof as used herein shall consist of a statement issued by the chief public health official of the State from which the lot of turtles is shipped, certifying that the turtles have been found free of salmonella based upon laboratory examination, and stating the examinations upon which the statement is based. Such certificates shall accompany and be provided to the dealer of any turtle to be sold from an approved lot. The Director of the Miami-Dade County Department of Public Health may in addition thereto, withhold approval of any lot of turtles whether certified or not, until a series of at least six (6) consecutive cultures taken at intervals of not less than one (1) week have been found negative for salmonella in a laboratory approved for this purpose by the Miami-Dade County Department of Public Health. The results of such examinations shall be submitted on a form to be provided by the Miami-Dade County Department of Public Health. The Director of the Miami-Dade County Department of Public Health or his duly authorized representative may at any time take samples of tank water or any other appropriate samples from turtles offered for sale and order the immediate destruction or transhipment of any lot of turtles found contaminated with salmonella.

(Ord. No. 72-1, § 1, 1-4-72; Ord. No. 76-50, § 3, 6-1-76)

Sec. 5-2.3.2. Same--Warning to be posted at displays of turtles for retail sale.

The following warning shall be posted conspicuously at every display of turtles for retail sale:

CAUTION. Turtles may transmit bacteria causing disease in humans. It is important to wash the hands thoroughly after handling turtles or material in a turtle bowl; not to allow water or any other substance from a turtle bowl to come into contact with your food or areas where your food is prepared; and to make sure that these precautions are followed by children or others handling turtles.

(Ord. No. 72-1, § 1, 1-4-72)

Sec. 5-2.4. Penalty.

Any person convicted of violating any of the provisions of Sections 5-2.1 through 5-2.3.2 shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisonment in the County Jail not to exceed thirty (30) days, or by both such fine and imprisonment.

(Ord. No. 60-4, § 4, 2-2-60; Ord. No. 72-1, § 2, 1-4-72)

Sec. 5-2.4.1. Transportation of animals.

(a)     It shall be unlawful for any person to transport a dog or cat in an open-bed truck or other similar vehicle from which the animal can easily escape, unless the animal is confined in a humane manner inside a locked animal carrier, or unless the animal is restrained by a minimum of two tethers, with one tether being affixed to each side of the vehicle, and both tethers being attached to the collar or harness of the animal.

(b)     It shall be unlawful for any person to transport a dog or cat in an enclosed vehicle trunk. Any person found to have violated this section shall be subject to a civil penalty as defined in Section 8CC-10 of the Code.

(c)     Any person found to have violated this section shall be subject to a civil penalty as defined in Section 8CC-10 of the Miami-Dade County Code.

(Ord. No. 01-74, § 1, 4-10-01)

Sec. 5-2.5. Cruelty to animals.

(a)     Legislative intent. It is the intent of the Board of County Commissioners of Miami-Dade County, Florida, to provide an orderly and consolidated procedure wherein cruelty to animals may be corrected and the animals protected. Nothing herein shall affect the powers and duties of the Department of Planning and Zoning to enforce Chapter 33 of the Code of Miami-Dade County.

(b)     Acts deemed cruelty to animals. The following acts shall be deemed cruelty to animals (see Florida Statutes, 828.12, 828.13 and 828.16):

(1)     Whoever unnecessarily overdrives, tortures, torments, deprives of necessary sustenance or shelter, or mutilates or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhuman manner,Amended Substitute Agenda Item No. 5 (K) Page No. 9shall be in violation of this section.

A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done shall be in violation of this section.

(2)     Confinement of animals without sufficient food. Whoever impounds or confines any animal in any place and fails to supply the same during such confinement with a sufficient quantity of good and wholesome food and water, or who keeps any animals in any enclosure without wholesome exercise and change of air, or who feeds cows on food that produces impure or unwholesome milk, or abandons any animal shall be in violation of this section.

Animals abandoned at a veterinary hospital shall cease to be the responsibility of the veterinary hospital after ten (10) days. Whenever the Animal Control Division finds that any animal is or will be without proper care because of injury, illness, incarceration or other involuntary absence of the person responsible for the care of such animal, or whenever the Animal Control Division receives any animal from a law enforcement agency, the Animal Control Division may impound such animal, until reclaimed by the person responsible for or entitled to the custody of such animal. Any animal which has been impounded and not reclaimed by the owner or owner's agent within ten (10) days from the date of impoundment may be disposed of in accordance with the provisions of Article II, Section 5-11. Prior to disposing of any animal, the Director of the Animal Control Division shall be required to make reasonable efforts to notify the person responsible for or entitled to custody of the animal. The person responsible for or entitled to custody of any animal is impounded may, at any time before the disposal of the animal, redeem such animal upon payment of the fees prescribed and in the manner provided by Article II, Section 5-11.

(3)     Contagious diseases. Whoever, being the owner, or having the charge of any animal, knowing the same to have any contagious or infectious disease, or to have been recently exposed thereto, sells, barters or disposes of such animal without first disclosing to the person to whom the same is sold, bartered or disposed of, that such animal is so diseased, or has been exposed, as aforesaid, or knowingly permits such animal to run at large, or knowing such animal to be diseased as aforesaid, knowingly allows the same to come into contact with any such animal of another person without his knowledge or permission, shall be in violation of this section.

(4)     Live animal prizes prohibited. Whoever gives away or offers to give away any live animal as a prize in any game, drawing, sweepstakes or other promotion, shall be in violation of this section.

(c)     Enforcement.

(1)     Whenever any person or persons complain of cruelty to animals or upon independent observation of the Animal Control Division, the Animal Control Division shall immediately attempt to ascertain and investigate whether the facts alleged in the complaint or observation constitute an act of cruelty to animals. Nothing contained herein shall authorize a member of the Animal Control Division to enter upon private property without consent of the property owner or without a valid search warrant.

(2)     If the representative of the Animal Control Division has reason to believe, subsequent to his investigation, that an act of cruelty to animals may have been committed, he shall immediately institute appropriate proceedings against the owner or owners of the animal alleged to be the victim of the cruel act or those person or persons alleged to have committed the cruel act. Nothing herein contained shall restrict a private citizen from instituting an appropriate proceeding pursuant to the Florida Statutes.

(3)     If the representative of the Animal Control Division is unable to ascertain whether the alleged act of cruelty to animals exists, he shall, when appropriate, seek the issuance of a court ordered search warrant.

(4)     If a court of competent jurisdiction determines that an act of cruelty to animals does exist, the Animal Control Division shall seek, when appropriate, a court order requesting that the animal in question be taken from the owner to the Animal Control Division shelter or other suitable place of housing for protective custody of the animal.

(d)     Penalties. Any person or persons found guilty of an act of cruelty to animals shall be subject to up to sixty (60) days imprisonment and/or a fine not exceeding five hundred dollars ($500.00) for each separate act of cruelty.

(Ord. No. 75-24, §§ 1--4, 4-2-75; Ord. No. 76-50, § 4, 6-1-76; Ord. No. 94-203, § 1, 11-1-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 2, 9-3-98)

Sec. 5-2.6. Commercial trapping of animals.

(a)     For purposes of this section "animal" shall mean dogs and cats.

(b)     No commercial trapping shall be conducted in Miami-Dade County without first obtaining a trapper's license from the Animal Care and Control Division.

(1)     Application for a trapping license shall be on a form prescribed by the Animal Care and Control Division.

(2)     The trapping license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a trapping license shall not alter or waive the requirements of renewal on the anniversary date of original issuance.

(3)     The trapping fee shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners.

(4)     No license is transferable, nor shall such license be used by anyone except that person to whom the license was issued.

(5)     Repeated violations of Section 5-2.6(a, b, c, d) by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a commercial trapper license by the Chief of the Animal Care and Control Division. The suspension, revocation or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with the provision listed in Section 5-2.6(e). Commercial trapping after suspension, revocation or denial of a license is a violation of this section.

(c)     Trapping shall be conducted in humane manner.

(1)     Traps shall be in good condition in that they will not cause any bodily injury to the trapped animal.

(2)     Use of poisons, poisoned substances or stupefying substances in a trap are prohibited.

(3)     All traps shall be plainly identified with the name, telephone number, address and Animal Care and Control trapping license number of the trapper who owns the trap.

(4)     All traps shall be inspected daily.

(5)     All animals trapped shall be brought to a County-recognized humane animal organization, the Animal Care and Control Division or a veterinarian for proper disposition.

(6)     A monthly report shall be submitted to the Animal Care and Control Division and it shall contain the following information:

(i)     The number of animals trapped during that calendar month.

(ii)     The location where the animal was trapped.

(iii)     The organization and location of the disposition of the animal trapped.

(d)     It shall be unlawful for any person to disturb the trap of another.

(e)     Any person who violates any of the provisions of this section shall be punished as indicated in Section 8CC-10 of the Miami-Dade County Code.

(Ord. No. 01-74, § 2, 4-10-01)

Sec. 5-2.7. Commercial grooming of animals.

(a)     For purposes of this section, the following definitions shall apply:

(1)     "Animal" shall mean dogs and cats.

(2)     "Compensation" shall mean something given or received as payment or reparation for a service or product.

(3)     "Repeat violation" shall mean that the individual received more than one (1) civil violation notice.

(4)     "Ventilation" for animals shall mean the animal will be ventilated with fresh air either by means of windows, doors, vents, fans or air conditioning.

(5)     "Primary enclosure" shall mean a structure in which an animal is housed and maintained.

(6)     "Grooming establishment" shall mean any place of business (stationary or mobile) which accepts private pets for bathing, clipping, dipping, pedicure or other related services (not to include breeding, dentistry, veterinary clinic, or overnight boarding).

(b)     No commercial grooming shall be conducted in Miami-Dade County without first obtaining a license from the Animal Care and Control Division.

(1)     Application for a license shall be on a form prescribed by the Animal Care and Control Division.

(2)     The groomer's license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a groomer's license shall not alter or waive the requirement of renewal on the anniversary date of original issuance.

(3)     The groomer's license fee shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners.

(4)     No license is transferable, nor shall such license be used by anyone except that person to whom the license was issued.

(5)     Premises on which animals are kept for grooming shall be subject to inspection by the Animal Care and Control Division for compliance with Section 5-2.7. Refusal by the licensee or his agent to allow inspection of the premises will result in the suspension of license to operate as a groomer until such inspection is allowed. Repeat refusals will be grounds for license revocation.

(6)     Repeated violations of Section 5-2.7 by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a groomer's license by the Chief of the Animal Care and Control Division. The suspension, revocation, or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with provision listed in Section 5-2.7(g). Grooming after suspension, revocation or denial of a license is violation of this section.

(7)     Operating as a groomer without first obtaining a license shall subject the violator to a civil penalty as defined in Section 8CC-10 of the Code of Miami-Dade County.

(c)     Primary enclosures for groomers.

(1)     All primary enclosures for animals within an indoor or outdoor housing facility shall conform to the following minimum requirements, except where indicated otherwise in writing by a licensed veterinarian for medical reasons.

(i)     All animals shall be contained in a primary enclosure and shall not be permitted to be at large in the facility. The primary enclosure shall be appropriate to its species, breed and size so as to provide sufficient space for the animal contained to make normal postural adjustments and have full freedom of movements.

(ii)     Primary enclosures shall be structurally sound and constructed so as to permit the animal contained therein to remain dry. Primary enclosures shall be maintained in a clean, dry, and disinfected sanitary manner.

(iii)     Primary enclosures shall be maintained so that the animals contained inside have access to water free of contamination.

(iv)     Floors of primary enclosures that are not a solid surface shall be of an open weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside. The solid surface of the mesh which the floor is made shall be not less than one-quarter ( 1/4) of an inch in diameter. Where the floor of the primary enclosure is a solid surface, it shall be made of non-porous material. Newspaper or a receptacle containing litter shall be provided to contain excreta.

(v)     Primary enclosures must have no sharp points or edges that could injure dogs or cats and must be maintained in good repair.

(2)     In order to house five (5) or more animals for more than twelve (12) hours, a kennel permit must be obtained from the Animal Care and Control Division.

(d)     Ventilation for grooming parlors and mobile grooming units.

(1)     Air, preferably fresh air, must be provided through windows, doors, vents, fans or air-conditioning.

(2)     Indoor facilities for dogs and cats must be sufficiently ventilated at all times when dogs and cats are present to provide for their health, comfort and well-being, and to minimize odors, drafts, ammonia levels and moisture condensation.

(i)     When dogs and cats are housed in their primary enclosures, the ambient temperature in the facility must not fall below fifty (50) degrees Fahrenheit and must not rise above eighty-five (85) degrees Fahrenheit.

(e)     Record keeping for groomers.

(1)     All grooming parlors and mobile grooming units shall maintain a record of all animals currently on premises being groomed.

(2)     A medical emergency release form must be obtained from the owner of each animal so that emergency treatment can be given if an animal shows signs of illness or is injured while in the care and custody of the grooming parlor/unit.

(3)     The information on this medical release form shall include the owner's name, address, emergency telephone number, owner's veterinarian and veterinarian's telephone number. This information shall be provided to the inspecting officer upon request.

(f)     Sanitation standards for grooming parlors and mobile grooming units.

(1)     Each cage and primary enclosure, including top, sides, floor, grate and door shall be cleaned with soap and disinfectant, rinsed and dried after each animal occupant.

(2)     Clippers, combs, brushes and any other equipment shall be disinfected after each animal grooming.

(3)     Clean, separate drying towels shall be used for each individual animal groomed.

(4)     Grooming bathtubs shall be cleaned with soap and disinfectant and rinsed after each animal grooming. Grooming bathtubs shall be maintained free of mold and mildew.

(5)     Clippers, dryers, combs, brushes and any other grooming equipment shall be maintained in good repair so that they are appropriate for the intended safe use per the manufacturer's or supplier's instructions.

(6)     No animal having a known or suspected communicable or infectious disease shall be accepted for grooming care by a grooming business.

(g)     Any person who violates any provision of this section shall be punished as indicated in Section 8CC-10 of the Miami-Dade County Code.

(Ord. No. 01-74, § 3, 4-10-01)

Sec. 5-2.8. Commercial training of animals.

(a)     For purposes of this section, the following definitions shall apply:

(1)     "Animal" shall mean dogs and cats.

(2)     "Compensation" shall mean something given or received as payment or reparation for a service or product.

(3)     "Repeat violation" shall mean that the individual received more than one civil violation notice.

(4)     "Ventilation" for animals shall mean the animal will be ventilated with fresh air either by means of windows, doors, vents, fans or air conditioning.

(5)     "Primary enclosure" shall mean a structure in which an animal is housed and maintained.

(6)     "Trainer" shall mean a person, firm association, business joint venture, or partnership that provides services in coaching animals to perform for shows, obedience and other related duties.

(b)     No commercial training shall be conducted in Miami-Dade County without first obtaining a license from Animal Care and Control.

(1)     Application for a license shall be on a form prescribed by the Animal Care and Control Division.

(2)     The trainer's license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a trainer's license shall not alter or waive the requirement of renewal on the anniversary date of original issuance.

(3)     The trainer's license fee shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners.

(4)     No license is transferable, nor shall such license be used by anyone except that person to whom the license was issued.

(5)     Premises on which animals are kept for training shall be subject to inspection by the Animal Care and Control Division for compliance with Section 5-2.8. Refusal by the licensee or his agent to allow inspection of the premises will result in the suspension of license to operate as a trainer until such inspection is allowed.

(6)     Repeated violations of Section 5-2.8 by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a trainer's license by the Chief of the Animal Care and Control Division. The suspension, revocation, or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with provision listed in Section 5-2.8(g). Training after suspension, revocation or denial of a license is a violation of this section.

(7)     Operating as a trainer without first obtaining a license shall subject the violator to a civil penalty as defined in Section 8CC-10 of the Code of Miami-Dade County.

(c)     Primary enclosures for trainers.

(1)     All primary enclosures for animals within an indoor or outdoor housing facility shall conform to the following minimum requirements, except where indicated otherwise in writing by a licensed veterinarian for medical reasons.

(i)     All animals shall be contained in a primary enclosure and shall not be permitted to be at large in the facility. The primary enclosure shall be appropriate to its species, breed and size so as to provide sufficient space for the animal contained to make normal postural adjustments and have full freedom of movements.

(ii)     Primary enclosures shall be structurally sound and constructed so as to permit the animal contained therein to remain dry. Primary enclosures shall be maintained in a clean, dry, and disinfected sanitary manner.

(iii)     Primary enclosures shall be maintained so that the animals contained inside have access to water free of contamination.

(iv)     Floors of primary enclosures that are not a solid surface shall be of an open weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside. The solid surface of the mesh which the floor is made shall be not less than one-quarter ( 1/4) of an inch in diameter. Where the floor of the primary enclosure is a solid surface, it shall be made of non-porous material. Newspaper or a receptacle containing litter shall be provided to contain excreta.

(v)     Primary enclosures must have no sharp points or edges that could injure dogs or cats and must be maintained in good repair.

(2)     In order to house five (5) or more animals for more than twelve (12) hours, a kennel permit must be obtained from the Animal Care and Control Division.

(d)     Ventilation for trainers.

(1)     Air, preferably fresh air, must be provided through windows, doors, vents, fans or air-conditioning.

(2)     Indoor facilities for dogs and cats must be sufficiently ventilated at all times when dogs and cats are present to provide for their health, comfort and well-being, and to minimize odors, drafts, ammonia levels and moisture condensation.

(i)     When dogs and cats are housed in their primary enclosures, the ambient temperature in the facility must not fall below fifty (50) degrees Fahrenheit and must not rise above eighty-five (85) degrees Fahrenheit.

(e)     Record keeping for trainers.

(1)     All trainers shall maintain a record of all animals currently on premises being trained.

(2)     A medical emergency release form must be obtained from the owner of each animal so that emergency treatment can be given if an animal shows signs of illness or is injured while in the care and custody of the trainer.

(3)     The information on this medical release form shall include the owner's name, address, emergency telephone number, owner's veterinarian and veterinarian's telephone number. This information shall be provided to the inspecting officer upon request.

(f)     Animal apparatuses must have no sharp points or other devices that could injure an animal.

(g)     Any person who violates any provision of this section shall be punished as indicated in Section 8CC-10 of the Miami-Dade County Code.

(Ord. No. 01-74, § 4, 4-10-01)

Sec. 5-2.9. Taking of peafowl prohibited.

(a)     It shall be unlawful for any person to take any peafowl.

(b)     As used in this Section, "take" means taking, attempting to take, hunting, molesting, capturing, or killing any peafowl, their nests or eggs, by any means, whether or not such actions result in obtaining possession of peafowl or their nests or eggs.

(c)     Penalties. Any person violating this Section shall be punished by a fine not to exceed five hundred dollars ($500.00), or imprisonment for up to thirty (30) days, or by both such fine and imprisonment, for each separate violation of this Section.

(d)     Exceptions.

(1)     The prohibitions of this section shall not apply on property zoned for agricultural use and used for a bona fide agricultural purpose.

(2)     Nothing in this section shall prevent a property owner from removing peafowl from his or her own property in a manner that does not physically injure the peafowl.

(Ord. No. 01-132, § 1, 9-13-01)

Editor's note: Ord. No. 01-132, § 1, adopted Sept. 13, 2001, amended chapter 5 by creating a new section 5-2.6. In order to avoid the duplication of sections, the provisions of said ordinance have been included herein as section 5-2.9 at the discretion of the editor.

ARTICLE II. DOGS*

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*Editor's note: Ord. No. 72-93, § 1, adopted Dec. 5, 1972, amended Art. II to read as set out in §§ 5-3--5-17. Prior to amendment by said Ord. No. 72-93, Art. II, §§ 5-3--5-16, was derived from Ord. No. 58-28, §§ 2--13, adopted July 8, 1958; Ord. No. 63-7, § 1, adopted March 5, 1963; Ord. No. 63-46, § 1, adopted Nov. 5, 1963 and Ord. No. 65-16, §§ 1, 2, adopted March 16, 1965.

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Sec. 5-3. Definitions.

As used in this article, unless the context otherwise indicates:

(1)     Responsible party shall be defined to include any person, persons, firms, corporations or associations owning, harboring, keeping or controlling a dog or dogs within the County. Wherever the words "owner" or "person" are used in this article, these words shall mean responsible party.

(2)     Dog shall include both male and female.

(3)     At large shall be defined to mean off the premises of the owner, and not under the control, custody, charge or possession of the owner, or other responsible person, either by leash, cord or chain.

(4)     Veterinarian: The term "veterinarian" as used in this article shall refer to any person licensed or permitted to practice veterinary medicine under the laws of the State of Florida.

(5)     Pet shops and animal service organizations: The terms "pet shops" and "animal service organizations" as used within this article shall refer to any businesses, organizations, or entities, either nonprofit or for profit, engaged in the selling or transfer of dogs. The terms include but are not limited to kennels, animal adoption organizations, humane societies, animal clinics, and commercial pet shops.

(6)     Puppy: The term "puppy" as used in this article shall mean any dog that is less than four (4) months old.

(7)     Puppy tag: The term "puppy tag" as used in this article shall mean a license tag for dogs under four (4) months of age, and shall be evidence of registration of the puppy with Miami-Dade County.

(8)     Intact: The term "intact" as used in this article shall mean a dog that has not been spayed or neutered.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 76-50, § 5, 6-1-76; Ord. No. 89-92, § 2, 9-26-89; Ord. No. 94-123, § 1, 6-21-94)

Sec. 5-4. Prohibited in parks and on beaches.

It is deemed in the best interests of the health, safety and welfare of the citizenry and visitors of Miami-Dade County, Florida, that all necessary precautions be implemented to prevent cutaneous larva migrans (a frequently severe skin disorder caused by the infective larvae of a dog or cat hookworm which is transmitted by the contact of the human skin with soil contaminated by dog or cat feces), and visceral larva migrans (a disease caused by the ingestion of larvae dog roundworms which commonly occurs when young children swallow dirt). No responsible party owning or having charge, care, custody or control of any dog shall cause, permit or allow the dog into or upon any public park or beach in the county; provided, however, this provision shall not apply to parkways, wayside parks, or other park areas in which dogs are specifically authorized.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 76-50, § 6, 6-1-76)

Sec. 5-4.1. Exception, blind persons.

Nothing in Section 5-4 shall be construed to apply to any totally or partially blind person accompanied by a guide dog especially trained for the purpose.

(Ord. No. 76-50, § 7, 6-1-76)

Sec. 5-5. Permitting dogs to defecate, etc., on public or common property.

It shall be unlawful for a responsible party to permit, either willfully or through failure to exercise due care or control, any such dog to commit any nuisance upon the sidewalk of any public street; or upon the floor of any common hall in any apartment house, tenement house, hotel or other multiple dwelling; or upon any entranceway, stairway or wall immediately abutting on a public sidewalk, or upon the floor of any theatre, shop, store, office building or other building used in common by the public. "Nuisance," for the purposes of this section, shall be defined as defecation and/or urination.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 76-50, § 8, 6-1-76)

Sec. 5-6. Running at large.

(a)     No responsible party owning or having possession, charge, custody or control of any spayed/neutered dog shall cause or permit or allow the dog to stray, run, be, go or in any manner to be at large in or upon public property, or the private property of others without the express or implied consent of the owner(s) of such private property.

(b)     Any responsible party who violates any of the provisions of this paragraph (a) shall be punished as follows:

(1)     For a first violation, by a fine not to exceed fifty dollars ($50.00);

(2)     For a second violation, by a fine not to exceed one hundred dollars ($100.00);

(3)     For a third violation, by a fine not to exceed two hundred dollars ($200.00); and

(4)     For each subsequent violation, by a fine not to exceed two hundred and fifty dollars ($250.00).

(c)     No responsible party owning or having possession, charge, custody or control of any intact dog shall cause or permit or allow the dog to stray, run, be, go or in any manner to be at large in or upon public property, or the private property of others without the express or implied consent of the owner(s) of such property.

(d)     Any responsible party who violates any provision of paragraph (c) shall be punished as follows:

(1)     For a first violation, by a fine not to exceed one hundred fifty dollars ($150.00);

(2)     For a second violation, by a fine not to exceed two hundred dollars ($200.00);

(3)     For a third violation, by a fine not to exceed three hundred dollars ($300.00); and

(4)     For each subsequent violation, by a fine not to exceed three hundred fifty dollars ($350.00).

(5)     A responsible party who is cited under this section may have the penalty for violation reduced to the levels listed in Sections 5-6(b)(1), (2), (3), or (4), as appropriate, by having the intact dog spayed or neutered within thirty (30) days of receipt of the civil violation notice.

(e)     Subsections (a) and (c) above shall not apply to any dog when the dog is actually engaged in the sport of hunting in authorized areas and supervised by a competent person.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 75-9, § 1, 2-4-75; Ord. No. 76-50, § 9, 6-1-76; Ord. No. 84-45, § 1, 6-5-84; Ord. No. 91-37, § 1, 3-19-91; Ord. No. 94-123, § 2, 6-21-94)

Sec. 5-6.1. Public nuisance.

(a)     It shall be unlawful for any responsible party to fail to exercise proper care and control of his dog or dogs so as to allow the dog or dogs to become a public nuisance. Chasing vehicles or persons and trespassing upon public or private property in such a manner as to damage property shall be deemed a public nuisance.

(b)     Any responsible party who violates any provision of this section shall be punished as follows:

(1)     For a first violation, by a fine of not less than fifty dollars ($50.00) and not to exceed two hundred dollars ($200.00);

(2)     For a second violation, by a fine of not less than one hundred dollars ($100.00) and not to exceed two hundred fifty dollars ($250.00); and

(3)     For each subsequent violation, by a fine of not less than two hundred fifty dollars ($250.00) and not to exceed five hundred dollars ($500.00).

(Ord. No. 84-45, § 2, 6-5-84; Ord. No. 91-37, § 2, 3-19-91)

Sec. 5-6.2. Dangerous dogs.

(a)     For purposes of this section, the following definitions shall apply:

(1)     Competent person shall mean, at a minimum, any person over the age of eighteen (18).

(2)     Dangerous dog means any dog that has been designated as dangerous by the animal services division of the Public Works Department (hereinafter "Animal Control") pursuant to this section.

(3)     Unprovoked means that the victim who has been conducting himself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.

(4)     Severe injury means any physical injury that results in broken bones, multiple bites, punctures, or disfiguring lacerations requiring sutures or reconstructive surgery.

(5)     Proper enclosure of a dangerous dog means that, 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. Such 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.

(6)     Animal Control Officer means any individual employed, contracted with, or appointed by Animal Control for the purpose of aiding in the enforcement of this section.

(b)     Animal Control shall investigate complaints received from residents involving dogs that may be dangerous and shall have the authority to designate a dog as dangerous. Individuals desiring to have a dog designated as dangerous by Animal Control shall submit to Animal Control a sworn affidavit(s). A dog shall be designated as dangerous if it meets one (1) or more of the following criteria:

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

(2)     Has severely injured or killed a domestic animal while off the owner's property;

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

(4)     Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by Animal Control.

The owner of the dog being investigated shall, if possible, be interviewed before a determination is made, and an affidavit from any person desiring to have a dog classified as dangerous shall be submitted to Animal Control.

A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property, or, while lawfully on the property, was tormenting, abusing or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

Any animal that is the subject of a dangerous dog investigation, that is not impounded by Animal Control, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to Animal Control. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred.

If Animal Control determines that there is sufficient cause to classify the dog as dangerous, it shall provide written notification of this initial determination by registered mail or certified hand delivery to the owner of the dog within five (5) calendar days of the initial determination.

(c)     The owner may file a written request for a hearing to appeal the classification within seven (7) calendar days after receipt of the sufficient cause findings. The written request for a hearing shall be mailed to the address given in the dangerous dog notification letter.

(d)     Appeal procedures.

(1)     Upon receipt of a named owner's timely request for an administrative hearing, a hearing shall be scheduled with a hearing officer within twenty-one (21) calendar days, but no sooner that five (5) calendar days after receipt of the request of the owner.

(2)     A notice of hearing shall be sent by first class mail to the named appellant at his or her last known address. The notice of hearing shall include but not be limited to the following:

(i)     Place, date and time of the hearing.

(ii)     Right of violator to be represented by a lawyer.

(iii)     Right of violator to present witnesses and evidence.

(iv)     Notice that failure of violator to attend hearing may result in costs being assessed against him or her.

(v)     Notice that requests for continuances will not be considered if not received by the hearing officer at least ten (10) calendar days prior to the date set for hearing.

(3)     A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the hearing officer at least ten (10) calendar days prior to the date set for the hearing.

(4)     All hearings of the hearing officer shall be open to the public. Assuming proper notice, a hearing may proceed in the absence of the named violator.

(5)     The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. All testimony shall be under oath.

(6)     The Clerk of the Board of County Commissioners shall provide clerical and administrative personnel as may be reasonably required by the hearing officer for the proper performance of his/her duties.

(7)     Each case before a hearing officer shall be presented by the County Manager or his/her designee.

(8)     The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence shall be admitted if the hearing officer finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary.

(9)     Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him/her.

(10)     The hearing officer shall make findings of fact based on evidence of record. In order to make a finding upholding the dangerous dog determination, the hearing officer must find that a preponderance of the evidence supports the determination.

(11)     The fact-finding determination of the hearing officer shall be limited to whether one (1) or more criteria listed in subsection (b) of this section were met. Based upon this fact-finding determination, the hearing officer shall either affirm or reverse the sufficient cause findings of the Department. If the decision of the hearing officer is to affirm the Department's decision, then the owner shall be responsible to pay the administrative costs of the hearing.

(12)     The hearing officer shall have the power to:

(i)     Adopt procedures for the conduct of hearings.

(ii)     Subpoena alleged violators and witnesses for hearings.

(iii)     Subpoena evidence.

(iv)     Take testimony under oath.

(v)     Assess and order the payment of administrative costs.

(13)     Once the dog is classified as a dangerous dog, Animal Control shall provide written notification to the owner by registered mail, certified hand delivery or service.

(14)     The owner may file a written request for a hearing in the County Court to appeal the classification within ten (10) business days after the receipt of the written notification of the dangerous dog classification.

(15)     Miami-Dade County may institute proceedings in a court of competent jurisdiction to compel payment of administrative costs, and in that event, if the County prevails, it shall be entitled to costs and attorney's fees incurred.

(16)     A certified copy of an order imposing administrative costs may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists or, if the violator does not own the land, upon any other real or personal property owned by the violator, and it may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After one (1) year from the filing of any such lien which remains unpaid, Miami-Dade County may foreclose or otherwise execute on the lien.

(17)     During the appeal process the owner of the dog must confine the dog in a securely fenced or enclosed area pending a resolution of his or her appeal.

(e)     Within fourteen (14) days after a dog has been classified as dangerous by Animal Control, or a dangerous dog classification is upheld by the County Court on appeal, the owner of the dog must obtain a certificate of registration for the dog from Animal Control. The owner must renew the certificate annually. Certificates of registration and renewals thereof shall only be issued to competent persons who are at least eighteen (18) years of age and who present to Animal Control sufficient evidence:

(1)     Of a current certificate of rabies vaccination for the dog;

(2)     That the dog shall be confined in a proper enclosure of a dangerous dog;

(3)     That a clearly visible warning sign at all entry points informs both children and adults of the presence of a dangerous dog on the property;

(4)     Of permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation.

(f)     Prior to issuance of the certificate of registration and renewals thereof, the owner must pay Animal Control a fee set by administrative order.

(g)     No later than forty-eight (48) hours after its occurrence, the owner shall notify Animal Control in writing when a dog that has been classified as dangerous:

(1)     Is loose or unconfined;

(2)     Has bitten a human being or attacked another animal;

(3)     Is sold, given away, or dies;

(4)     Is moved to another address.

(h)     Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to Animal Control. The new owner must comply with all of the requirements of this chapter, even if the animal is later moved from this County to another within the State. The owner of a dangerous dog must notify Animal Control that the dog is in Miami-Dade County within forty-eight (48) hours of bringing the dog into the County.

(i)     It shall be unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a chain or leash, and under the control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but will prevent it from biting any person or animal. When being transported, such dogs shall be safely and securely restrained within a vehicle. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains in his/her sight and only members of the owner's immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the dog is present.

(j)     Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trails, are exempt from the provisions of this act. However, such dogs at all other times in all other respects shall be subject to this chapter. Dangerous dogs shall not be used for hunting purposes.

(k)     This section does not apply to dogs used by law enforcement officials for law enforcement work.

(l)     Any person who violates any provision of the preceding sections of Section 5-6.2 is guilty of a fine not exceeding five hundred dollars ($500.00).

(m)     If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the dog shall be subject to confiscation by Animal Control, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days after the owner is given written notice, and thereafter destroyed in an expeditious and humane manner. The owner may appeal this action during the ten-day period in accordance with subsection 5-6.2(d). In addition, the owner of the dog shall be fined five hundred dollars ($500.00). Upon confiscation of the dog, Animal Control shall provide the owner of the dog as shown by the tag worn on the dog, tattoo or electronic implantation, or as discovered by Animal Control, a written civil violation notice listing the fine, confiscation, quarantine, impoundment and intent of Animal Control to destroy the dog within the time prescribed. If the owner appeals the action, he/she is entitled to a hearing in accordance with Section 5-6.2(d). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedures.

(n)     Dogs not previously declared dangerous.

(1)     If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by Animal Control, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days, after the owner is given written notice, and thereafter destroyed in an expeditious and humane manner. The owner may appeal this action during the ten-day period. If the owner appeals the action, he/she is entitled to a hearing in accordance with Section 5-6.2(d). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedures. In addition, the owner of the dog shall be fined five hundred dollars ($500.00). Upon confiscation of the dog, Animal Control shall provide the owner of the dog as shown by the tag worn on the dog, tattoo or electronic implantation, or as discovered by Animal Control, a written civil violation notice listing the fine, confiscation, quarantine, impoundment and intent of Animal Control to destroy the dog within the time prescribed.

(2)     If a dog that has not been declared dangerous attacks and causes severe injury to or death of any animal, the owner of the dog shall be fined five hundred dollars ($500.00).

(o)     If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be subject to confiscation by Animal Control, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days, after the owner is given written notice and thereafter destroyed in an expeditious and humane manner. The owner may appeal this action during the ten-day period. If the owner appeals the action, he/she is entitled to a hearing in accordance with Section 5-6.2(d). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedures. In addition, the owner of the dog shall be fined five hundred dollars ($500.00). Upon confiscation of the dog, Animal Control shall provide the owner of the dog as shown by the tag worn on the dog, tattoo or electronic implantation, or as discovered by Animal Control, a written civil violation notice listing the fine, confiscation, quarantine, impoundment and intent of Animal Control to destroy within the time prescribed.

(p)     Upon the destruction of the dog under subsections (m), (n) and (o) above:

(1)     Animal Control shall provide the owner of the dog written notice containing all costs and fees incurred by Animal Control in the confiscation, maintenance, quarantine and destruction of the dog, with a deadline of not less than thirty (30) days from receipt of the notice of payment of the costs and fees.

(2)     Miami-Dade County may thereafter institute proceedings in a court of competent jurisdiction to compel payment of the fees and costs incurred by Animal Control in the confiscation, maintenance, quarantine and destruction of the dog. A certified copy of an order awarding the County its fees and costs may be recorded in the public records and thereafter shall constitute a lien against the land of the dog owner or, if the violator does not own the land, upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After one (1) year from the filing of any such lien which remains unpaid, Miami-Dade County may foreclose or otherwise execute on the lien.

(q)     Nothing contained herein shall prevent any person from applying to a court of competent jurisdiction for the seizure, impoundment, or destruction of a dangerous dog whose owner has failed to comply with the requirements of this section.

(r)     If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any violation under this section.

(Ord. No. 84-45, § 3, 6-5-84; Ord. No. 91-37, § 3, 3-19-91; Ord. No. 91-128, § 1, 10-15-91; Ord. No. 94-122, § 1, 6-21-94; Ord. No. 02-228, § 1, 11-19-02)

Sec. 5-7. Vaccination against rabies.

No penalty shall apply for the violation of this section unless notice is issued to the responsible party for the failure to vaccinate the dog and the responsible party fails to provide proof of vaccination within thirty (30) days of the issuance of the notice.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 77-50, § 1, 7-19-77; Ord. No. 77-51, § 1, 7-19-77; Ord. No. 81-66, § 1, 6-2-81; Ord. No. 89-92, § 3, 9-26-89; Ord. No. 94-202, § 1, 11-1-94; Ord. No. 98-61, § 1, 5-5-98; Ord. No. 02-228, § 1, 11-14-02)

Sec. 5-7.1. Reserved.

Editor's note: Ord. No. 89-92, § 4, adopted Sept. 26, 1989, deleted former § 5-7.1, relative to a report of vaccination by veterinarian, which derived from Ord. No. 77-50, § 2, adopted July 19, 1977 and Ord. No. 81-66, § 2, adopted June 2, 1981.

Sec. 5-8. License tags required for all dogs; conditions for issuance of tags.

(a)     Every person owning, keeping or harboring any dog over four (4) months of age within Miami-Dade County, Florida, or bringing any dog over four (4) months of age into this County shall, within thirty (30) days, register said dog with the Miami-Dade County Animal Services Division and obtain a license tag which shall be worn by the dog at all times. The Animal Services Division shall require, as a prerequisite to the issuance of a license tag of any dog, satisfactory proof that such dog has been inoculated against rabies within twelve (12) months immediately prior to the application for a license tag, by the vaccine specified by and in accordance with the provisions of Section 5-7. The official certificate prescribed pursuant to Section 5-7 and signed by a veterinarian licensed to practice veterinary medicine and surgery in the United States, in private practice or in an approved public clinic, shall be accepted as conclusive evidence as to the fact and time of such inoculation, or a certificate of a qualified veterinarian certifying the inoculation for rabies would endanger the health of the particular dog, as provided by Section 5-7 of this chapter, may be accepted. All out-of-state inoculation certificates shall be valid for a period not exceeding thirty (30) days.

(b)     Penalties.

(1)     Any responsible party owning a spayed/neutered dog found guilty of violating this section shall be fined fifty dollars ($50.00) for each offense.

(2)     Any responsible party owning an intact dog found guilty of violating this section shall be fined one hundred fifty dollars ($150.00) for each offense.

(3)     Any responsible party who is cited under this section may have the penalty for violation reduced to the level listed in Section 5-8(b)(1), by having the intact dog spayed or neutered within thirty (30) days of receipt of the civil violation notice.

(c)     No penalty shall apply for the violation of this section unless notice is issued to the responsible party regarding the violation and the responsible party fails to satisfy the requirements of this section within thirty (30) days of the issuance of the notice.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 75-107, § 1, 11-18-75; Ord. No. 77-50, § 3, 7-19-77; Ord. No. 77-51, § 2, 7-19-77; Ord. No. 94-149, § 1, 7-14-94; Ord. No. 95-121, § 1, 6-20-95; Ord. No. 98-61, § 2, 5-5-98)

Sec. 5-8.1. Legislative intent.

This article utilizes the authority and powers of Miami-Dade County in order to secure for the citizens of this County the protection of their health, safety and welfare. It is applicable to all practicing licensed veterinarians and organizations or businesses engaged in the sale or transfer of ownership of dogs. This article is designed to regulate veterinarians by requiring that license tags be available for purchase at the time of vaccination of a dog against rabies, and that a report be forwarded to the County containing the names of persons refusing to purchase these license tags. This article further requires that license tags be available for purchase by the dog owner at the time of sale or transfer of a dog, and that puppy tags be sold with every puppy sold or transferred. These measures are intended to ensure that the County has the necessary information and capital resources to enforce the County's already existing licensing ordinance. The unique history and lack of success with other measures attempted at controlling stray dogs and enforcing the licensing ordinance have been determined to require the special regulations and provisions contained within this article which the County Commission hereby finds reasonable and necessary.

(Ord. No. 89-92, § 5, 9-26-89)

Sec. 5-8.2. Report of vaccination and sale of license tags by veterinarians.

(a)     Postmarked no later than the tenth day of each month, all veterinarians administering rabies vaccinations, shall, as to each dog vaccinated, deliver to the Miami-Dade County Tax Collector's Office, one (1) copy of the County certificate prescribed under Section 5-7 as evidence of each vaccination administered the previous month.

(b)     It shall be the duty of all veterinarians, upon vaccinating a dog against rabies, to have available for purchase by the dog owner or other responsible party, a Miami-Dade County license tag.

(c)     All veterinarians shall have Miami-Dade County license tags available for purchase by dog owners or other responsible parties who present evidence to the veterinarian that their dog has been vaccinated against rabies. The effective date of the license tag shall be the date on which the dog was last vaccinated against rabies, and the tag shall only be effective for the twelve-month period following the date of that last vaccination.

(d)     Where a veterinarian sells a Miami-Dade County license tag, he may collect as payment for the tag no more than the value of the tag as established by Miami-Dade County, and a maximum premium of twenty (20) percent of the value of the tag. Veterinarians shall be responsible for the value of all tags held by them for sale to dog owners.

(e)     Postmarked no later than the tenth day of each month, each veterinarian shall deliver to the Miami-Dade County Tax Collector's Office one (1) payment containi