§ 462.210. Taking custody of mistreated animals.

(a)

The purpose of this Section is to provide a means by which a neglected or mistreated animal, pursuant to a violation of any Section of this Part, can be removed from its owner and/or current custody or can be made the subject of an order to provide care.

(b)

Pursuant to F.S. § 828.073, an animal control officer is authorized to:

(1)

Seize and take custody of any animal found neglected, cruelly treated, or otherwise treated in violation of this Part, by removing the animal(s) from its current location or

(2)

Order the owner of the animal found neglected, cruelly treated or otherwise treated in violation of this Part, to provide certain care to the animal without removing the animal from its current location.

(c)

Within 30 days after the seizure of the animal or the issuance of the order to provide care, the City shall petition the county court for a hearing. The hearing shall be held not more than 15 days after the request for such hearing is made. The hearing shall be for the purpose of determining whether or not the owner has violated this Part and to determine whether the owner is fit to have custody of the animal. The hearing shall be concluded and the court order entered as expeditiously as possible, and in any case, not more than 60 days after the date the hearing commenced. No fee shall be charged for the filing of the petition.

(d)

ACPS shall have written notice served upon the owner of the animal seized at least five days prior to the hearing. If the owner is residing in the City, notice shall be in conformance with the provisions of F.S. Ch. 48, relating to service of process. There shall be no fee charged by the sheriff for service of such notice. If the owner of the animal is unknown, or is known but is residing outside of the City, notice of the hearing shall be by publication in conformance with the provisions of F. S. Ch. 49.

(e)

Fees and disposition of animals:

(1)

ACPS shall shelter and care for any animal seized until disposition by the court, including any appeal.

(2)

If the court determines that the owner is not guilty of any violation of this Part and is able and fit to provide adequately for and have custody of the animal, then the court shall enter an order providing that the animal be claimed by the owner and removed from the custody of ACPS within seven days after the date of the order, or the animal is considered abandoned by the owner and becomes the property of ACPS.

(3)

If the court determines that the owner violated this Part, but is, nevertheless able and fit to provide adequately for one or more of the animal(s) seized, the court's order shall indicate each animal that may be redeemed and shall provide that the animal be claimed by the owner and removed from the custody of ACPS within seven days after the date of the order, or the animal is considered abandoned by the owner and becomes the property of ACPS. The order may also require that, prior to redeeming such animal, the owner must pay all applicable fines (including outstanding fines issued by ACPS) and court costs, and shall require the owner to pay all impound fees, boarding fees, applicable veterinary expenses, other medical expenses and all other costs associated with the care and maintenance of the animal(s) redeemed and any other animals seized by ACPS that are not to be redeemed. The court may hold a separate hearing for proof of costs.

(4)

If the court determines that the owner is unable or unfit to adequately provide for the animal(s), the court's order shall provide that the owner shall have no further custody of the animal(s) and that the animal(s) shall become the property of ACPS. The order may also require that the owner must pay all applicable fines (including outstanding fines issued by ACPS and court costs) and shall require the owner to pay all impound fees, boarding fees, applicable veterinary expenses and other medical expenses and all other costs associated with the care and maintenance of the animal seized. The court may hold a separate hearing for proof of costs.

(5)

If the court also determines that the owner is unable or unfit to provide for any animal(s) not already seized and taken into custody by an animal control officer, then the court may also order that any or all other animal(s) in the custody of the owner be turned over to ACPS for adoption or humane disposition. Pursuant to F.S. § 828.073, the court may also enjoin the owner's further possession or custody of other animals.

(f)

In determining a violation of this Section and the owner's fitness to have custody of an animal, the court may consider, among other things:

(1)

Testimony from the animal control officer who seized the animal; testimony from other witnesses as to the condition of the animal when seized and as to the conditions under which the animal was kept.

(2)

Testimony and evidence as to the veterinary care provided to the animal.

(3)

Testimony and evidence as to the type and amount of care provided to the animal.

(4)

Expert testimony as to the community standards for proper and reasonable care of the same type of animal.

(5)

Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody.

(6)

The owner's past record of judgments under the provisions of this Chapter.

(7)

Convictions under the State statutes prohibiting cruelty to animals.

(8)

Any other evidence the court considers to be material or relevant.

(g)

If the evidence indicates a lack of proper and reasonable care of the animal, the burden is on the owner to demonstrate by clear and convincing evidence that he or she is able and fit to have custody of and provide adequately for the animal.

(h)

Nothing herein is intended to require court action for capturing, impounding and making proper disposition of stray or abandoned animals as lawfully performed by animal control officers.

(i)

The provisions of this Section are in addition to any civil penalties that may be imposed under this Part.

(Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 3)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.