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SECTION 2. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory, and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning. A. Adult dog or cat shall mean any dog or cat that is four (4) months of age or older for the purposes of rabies vaccinations/tags. B. Animal shall mean every living dumb creature both domestic and wild. C. Animal Care and Control Division or "Division" shall mean an entity of the Palm Beach County Board of County Commissioners. D. Animal control officer shall mean any person employed by the county who is authorized to implement and enforce county animal care and control ordinances and as defined in Florida Statute Chapter 828.27(1)(b) and other applicable state laws. E. Authorized veterinarian/clinic shall mean any person licensed or permitted to practice veterinary medicine under the laws of the State of Florida and such person shall have had no previous incidents where money collected from the sale of rabies/license tags has been used/handled inappropriately or illegally. F. Board shall mean the Board of County Commissioners of Palm Beach County, Florida. G. County shall mean the incorporated and unincorporated areas of Palm Beach County, Florida. H. Dangerous dog shall mean any dog that according to the records of the Division: 1. Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property. 2. Has more than once 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. 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 or more persons and dutifully investigated by the Division. I. Direct control shall mean immediate and continuous physical control of an animal (excluding herding dogs, dogs in the process of hunting, police dogs, dogs participating in a registered field trial, obedience trial, and confirmation show and/or match) at all times such as by means of a fence, leash, cord or chain of sufficient strength to restrain the animal. When an animal is specifically trained to immediately respond to oral or visual commands, direct control shall include oral or visual control if the controlling person is at all times clearly and fully within unobstructed sight and hearing of the animal, but in no case to exceed one hundred (100) feet. Oral control shall at all times prevent the animal from running at large or otherwise violating the provisions of this Ordinance. J. Excess animal habitat shall mean any property measuring 2.5 acres or more on which the maximum number of thirty (30) dogs and cats has been exceeded and for which a permit has been issued by the Division. K. Feral cat shall mean any cat that has no apparent owner or identification and is apparently wild, untamed, unsocialized, unmanageable and unable to be approached or handled. L. Grooming establishment shall mean any place of business (stationary or mobile) which accepts private pets for bathing, clipping, dipping, pedicuring or other related services (not to include breeding, dentistry or overnight boarding). M. Guard dog shall mean any type of dog used for the purpose of defending, patrolling or protecting property or life at any commercial establishment or which resides on the commercial property. The term "guard dog" shall exclude any stock dogs used primarily for handling and controlling livestock or farm animals. N. Guide dog shall mean a properly trained dog certified by a licensed training facility that has an expertise in training dogs for physically impaired persons and that is actually being used by a person to assist in that physical impairment. O. Harborer/caregiver shall mean any person or entity which performs acts of providing care, shelter, protection, restraint, refuge, food or nourishment in such a manner as to control an animal's activities. P. Hobby breeder shall mean any person who breeds and/or raises, on his/her property, purebred dogs or cats capable of registration with a national or international dog or cat registry. Individuals must demonstrate commitment to responsible animal husbandry practices, refrain from the purposeful breeding of animals with genetic faults, and demonstrate knowledge of the species of animal they own and/or breed. 1. Such commitment must include: a. Agreement to take back at any time for any reason, any animal which he/she has either bred, sold or placed. b. Agreement to spay and neuter prior to sale, or sell with a written spay/neuter agreement, those animals deemed by the breeder to be genetically unsuitable for breeding purposes. c. Agreement to provide with each animal sold an official certificate of veterinary inspection as required by Florida Statute Chapter 828. Such certificate will also include verification of all required age appropriate vaccines and anthelmintics. d. No convictions for animal cruelty or animal fighting under Florida Statute Chapter 828. 2. Such commitment may also include: a. Verifiable current membership in a local, regional or national animal club. b. Verifiable participation in a minimum of five (5) animal performance events per calendar year, sponsored by an animal club or a national or international registry organization. c. Verifiable assistance with the Division as breed representatives. Such assistance may include: 1) Assistance in the rescue and/or placement of purebred dogs or cats which have come under the custody of the Division. 2) Assistance in the identification of purebred dogs or cats that have come under the custody of the Division, or assistance in the education of Division personnel in breed recognition. The hobby breeder shall not engage in the sale to the public, during a consecutive twelve (12) month period, of more than two (2) litters or twenty (20) dogs or cats, whichever is greater, and will not be included in the definition of a kennel/cattery or pet shop. Any person who breeds and/or raises on his/her property during a consecutive twelve (12) month period more than two (2) litters or twenty (20) dogs or cats, whichever is greater, and engages in the sale of such animals, will be included in the definition of a kennel/cattery and bound by the sections of this Ordinance pertaining thereto. Q. Humane society shall mean an incorporated organization that has a nonprofit status with the Internal Revenue Service for which the central purpose is to provide for the protection of animals. A humane society accepts members from the public at-large and the controlling board is elected by the general membership. A humane society operates from a business facility on commercially zoned property and has advertised and set hours for public access. R. Humane trap shall mean any device used for capturing an animal without inflicting injury, pain or suffering and which provides adequate ventilation for the trapped animal. Snares, leg traps or similar devices are considered inhumane and shall not be used. S. Juvenile dog or cat shall mean any dog or cat that is at least two (2) months of age but younger than four (4) months of age for the purposes of rabies vaccinations/tags. T. Kennel/cattery shall mean any place of business at which dogs or cats are kept for sale, breeding, boarding or training. U.Livestock shall include all animals of the equine (horse, mule, etc.), bovine (cattle), porcine (swine), caprine (goats), ovine (sheep) and domesticated poultry. V. Official certificate of veterinary inspection shall mean a legible certificate of veterinary inspection which has been issued by the State of Florida, Department of Agriculture and Consumer Services and signed by the examining veterinarian licensed by the State of Florida and accredited by the United States Department of Agriculture. W. Owner shall mean any person who owns, keeps, harbors or controls an animal and includes a harborer/caregiver. X. Person shall mean any natural person, individual, society, firm, corporation, partnership, association or other legal entity, any public or private institution, municipal corporation, unit of local government or any other business unit and every officer, agent, or employee thereof. If the person is a minor as defined by Florida Statute, the minor's parent(s) or legal guardian shall be the owner for the purposes of this Ordinance. Y. Pet shop shall be held to include any place or business where pet/companion animals (including small animals intended for use as reptile food) are kept for retail or wholesale purchase. Excluded are those animals regulated and controlled by the Florida State Game and Fresh Water Fish Commission. Z. Police work dog shall mean any dog owned by any state, county or municipal police department or any state or federal law enforcement agency which has been trained to aid law enforcement officers and is actually being used for police work purposes. AA. Premises shall mean any parcel of land and the structures thereon. BB. Private animal non-profit organization shall mean any person, group or corporation which is registered as a non-profit organization according to state law and is sheltering, adopting, fostering, providing rescue or old age homes for dogs and/or cats. Rescue shall include legally receiving dogs and/or cats from shelters or owners, and providing medical or behavioral rehabilitation for placement into new homes. Breeding of rescue dogs or cats is prohibited. CC. Public road shall mean any street, sidewalk, alley, highway or other way open to travel by the public, including rights-of-way, bridges, common ground, easements and tunnels. DD. Quarantine shall mean the strict confinement, isolation and observation of an animal suspected of having rabies or any other infectious zoonotic disease. EE. Secure enclosure shall mean a locked pen or structure constructed to prevent an animal from escaping over, under or through the enclosure. The enclosure shall have secure sides and a top. FF. Severe injury shall mean any physical injury that results in broken bones, multiple bites or disfiguring punctures/lacerations requiring sutures or reconstructive surgery. GG. Stable, commercial shall mean those premises where: 1. More than four (4) equine are kept which do not belong to the owner or operator of the premises; or 2. Equine are kept for boarding, pasturing, breeding, riding, training, riding lessons, resale or rearing, and for which advertising is used to promote such activities. Advertising shall mean any written statement (excluding real property leasehold arrangements) made in connection with the solicitation of such businesses and includes without limitation, statements and representations made in a newspaper or other publication, or on radio or television or contained in any notice, handbill, business card, sign, catalog, billboard, brochure, poster or letter. HH. Stable, private shall mean those premises where up to four (4) equine are kept which do not belong to the owner or occupant of the premises. II. Sterilization shall mean dogs and cats rendered permanently incapable of reproduction by surgical alteration, implantation of a device or other physical means, or permanently incapable of reproduction because of physiological sterility, but only where the neutered or spayed condition has been certified by a veterinarian licensed in any state.
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