Manatee County Animal Ordinance

The following definitions are related to this section of the ordinance to assist with understanding specific meanings:

AT LARGE shall mean any dog or cat on the owner’s premises, not in the control of the owner or custodian; or any dog or cat off the premises of the owner or custodian and not under the physical control of the owner or custodian. 
 
DIRECT CONTROL shall mean immediate and continuous control of an animal at all times by means such as a fence, animal carrier or cage, leash, tether, cord, or chain of sufficient strength to restrain the animal or the animal shall be within the unobstructed sight, attended, and supervised by a competent person, by use of hand or voice control, when on the property of the owner or custodian, or property which the owner or custodian of the animal has the right to use.

FENCE shall mean an effective and reliable pet containment system constructed of chain link, wood, or similar material with the ability to confine the animal to the property. This shall also include containment systems wherein a constructed fence is not visible and the animal is wearing an electronic collar manufactured for the system, provided such system is in working order.  

PHYSICAL CONTROL shall mean the immediate and continuous control of an animal at all times by means such as an animal carrier or cage, leash, cord, or chain of sufficient strength to restrain the animal when off the property of the owner or custodian or on public property. The leash, cord, or chain shall not exceed eight (8) feet in length.

TETHER shall mean to restrain an animal by tying the animal to any object or structure, including without limitation, chain, rope, cord, leash, running line, or other binding material. Tethering shall not include using a leash to walk an animal.

The following is directly from Animal Ordinance 12-10

Sec. 2-4-11: Dogs and Cats at Large; Direct Control; Exceptions

A. No dog or cat shall be “at large,” as defined by this Ordinance, upon any public property, street, or sidewalk, or on private property of another, without the consent of the property owner.

B. Any dog or cat that is on private property without the consent of the property owner or resident may be captured in a humane trap or otherwise humanely confined.  Persons capturing “at large” dogs and cats will be responsible for the humane care of the animal until the captured animal is turned over to the Division, other humane organization, or licensed wildlife trapper. 

C. No person shall tie, chain, or tether any dog or cat in such a manner that it is or could be injurious to its health, or that it has access to public property or the property of another, without the consent of that property owner.  

D. The owner or custodian of a dog or cat must have direct control of such animal at all times. 

E. Any cat that is outdoors while not under direct control must be sterilized in order to be exempt from the requirements of sec. 2-4-11(D) of this Ordinance.

F. This Section shall not apply to police dogs, as defined in Section 843.19, Florida Statutes 2005, when such dog is engaged by a law enforcement agency in an official capacity, or to any dog which is being trained for the sport of hunting, or is actually engaged in hunting, during a legal hunting season within authorized areas and supervised by a competent person, or to any dog working livestock in areas of the County designated as Green Belt areas.

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The following definitions are related to this section of the ordinance to assist with understanding specific meanings:

CRUELTY shall mean any act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue when there is reasonable remedy or relief, unless excepted by law.

HUMANE or HUMANELY shall mean the responsible practice of good animal husbandry, management, and care in regard to feeding, watering, ventilation, space and confinement, exercise, lighting, shelter with protection from the elements, handling, and treatment in a manner consistent with the physical and behavioral needs of the species.  The definition also includes the provision of euthanasia consistent with lawful practices.

SHELTER shall mean provision of and access to a three-dimensional structure having a roof, walls, and a floor, which is dry, sanitary, clean, weatherproof, and made of durable material.  At a minimum, the structure must: (i) be sufficient in size to allow each sheltered animal to stand up, turn around, lie down, and stretch comfortably; (ii) be designed to protect the sheltered animal from the adverse effects of the elements and provide access to shade from direct sunlight and regress from exposure to inclement weather conditions; and (iii) be free of standing water, accumulated waste and debris, protect the sheltered animal from injury, and have adequate ventilation.  Structures with wire, grid, or slat floors which permit the animal’s feet to pass through the openings, sag under the animal’s weight or which otherwise do not protect the animal’s feet or toes from injury are prohibited except for birds where perches are provided.  

SUSTENANCE shall mean access to and the provision of palatable nourishment appropriate for the type of animal which is to eat it, free from contamination and provided in a clean and sanitary manner.  Food shall be of sufficient nutritional value to maintain the animal in good health and shall be provided at suitable intervals for the species, age and condition of the animal, but not less than once daily, except as otherwise prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal to the species.

TORMENT shall mean every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue when there is reasonable remedy or relief; except when done in the interest of medical science pursuant to and in compliance with the applicable law.

UNJUSTIFIABLE PAIN OR SUFFERING shall mean the character of an act which can not reasonably be excused, defended, or vindicated (such as in connection with the practice of veterinary medicine, law enforcement activities, to end needless suffering, or in defense of persons or other animals).

WATER shall mean provision of and access to clean, fresh, and potable water of a drinkable temperature which is free from contamination and provided in a suitable manner, in sufficient volume, and at suitable intervals to maintain normal hydration for the age, species, condition, size and types of each animal, except as otherwise prescribed by a veterinarian or as dictated by naturally occurring states of hibernation.  An animal confined outdoors shall have a continuous supply of clean, fresh, and potable water, unless the animal is under the direct supervision of a responsible person who shall ensure sufficient water is provided to the animal in order to maintain normal hydration for the species of the animal.

The following is directly from Animal Ordinance 12-10

Sec. 2-4-9:  Cruelty to Animals

A. Pursuant to Section 828.12, Florida Statutes (2005), cruelty to animals is a criminal offense.  The Division shall investigate reported incidents involving cruelty to animals or support investigations by other law enforcement agencies when so requested and shall refer cases where probable cause exists to the State Attorney for potential criminal prosecution.

B. In addition to those set forth in the statute, the following additional acts or omissions shall constitute cruelty to animals under this Ordinance:  

1. Unnecessarily overloading, overdriving, tormenting, depriving of necessary sustenance, shelter, or medical care; or unnecessarily mutilating; or killing any animal or causing the same to be done; or carrying in or upon any vehicle or otherwise, any animal in a cruel or inhumane manner.

2. Intentionally committing 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.

3. Poisoning a dog, cat, ferret, or any other animal.

C. Pursuant to Section 828.13, Florida Statutes (2005), confining an animal without sufficient food, water, or exercise, or abandonment of an animal is a criminal offense.  The Division shall investigate reported incidents involving such action, or support investigations by other law enforcement agencies when so requested, and shall refer cases where probable cause exists to the State Attorney for potential criminal prosecution.

D. The following acts or omissions shall constitute improper confinement or abandonment: 

1. Impounding or confining an animal without a sufficient quantity of good and wholesome food and water.

2.  Keeping an animal in any enclosure without wholesome exercise and change of air.

3. Abandoning to die any animal that is maimed, sick, infirm, or diseased.

4. Abandoning an animal to suffer injury, malnutrition, or illness without veterinary care.

E. A veterinarian rendering services is exempt from the provisions of this section.

F. Pursuant to Section 828.122, Florida Statutes (2005), fighting or baiting animals is a criminal offense.  The Division shall report incidents involving such action to the appropriate law enforcement agency, and support investigations when so requested, and shall refer cases where probable cause exists to the State Attorney for potential criminal prosecution.

G. The following acts or omissions shall constitute improper fighting or baiting under this Ordinance:

1. Baiting or using any animal for the purpose of fighting or baiting any other animal.

2.  Knowingly owning, managing, or operating any facility kept or used for the purpose of fighting or baiting any animal.

3. Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two or more animals.

H. Nothing in this Section shall be construed to prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law.   

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The following is directly from Animal Ordinance 12-10

Sec. 2-4-12: Nuisance Dogs and Cats

A. Any feces deposited by a dog or cat on public property, public walks, recreation areas, or the private property of others must be immediately removed by the person who has custody or control of the animal unless otherwise authorized by the property owner.

B. No dog or cat shall materially disturb the peace and quiet or interfere with the enjoyment of life or property by persistent or repetitive barking, yelping, whining, howling, meowing, squealing, screaming, or causing other objectionable noise for a persistent period of time exceeding ten (10) minutes or for a repetitive period of time which cumulatively exceeds ten (10) minutes within a one hundred twenty (120) minute period of time. 

1. The following illustrations are offered by way of example and not limitation:

(a) A dog or cat that causes any objectionable noise exceeding ten (10) minutes at any one time such as the dog that barks and barks because it does not want to be outdoors or it sees the dog or cat next door.  This persistent barking may be a violation of this Ordinance. 

(b) A dog or cat that causes any objectionable noise cumulatively exceeding ten (10) minutes within a one hundred twenty (120) minute period of time such as the dog that barks for five (5) minutes at someone walking nearby, four (4) minutes at someone riding their bicycle, three (3) minutes at the mailman delivering mail, and two (2) minutes at the birds flying by, all within a two (2) hour time period.  This repetitive barking may be a violation of this Ordinance.

2. Procedures are hereby set forth for the proper enforcement of this part:

(a) The Division must receive a formal complaint, including the name and address of the complainant in order that verification can be made by the responding Animal Services Officer.

(b) The responding Animal Services Officer, upon his or her initial response to the location of a reported violation must first issue, or post in a conspicuous place, a courtesy notice of complaint that such a violation of this Section has been reported.  By issuance or posting of the notice, it will ensure the owner or custodian of the dog or cat is aware of the reported violation and has 72 hours from the time of issuance or posting to correct the violation).

(c) If after 72 hours a subsequent complaint is received, a civil citation may be issued as authorized by this Ordinance.  Prior to a citation being issued, the Division must be in receipt of affidavits alleging a violation of this Section from the owners or occupants of no less than two different lots or nearby residences or, if the investigating officer has reason to believe a violation exists, that officer’s assessment may replace one of the required affidavits.  Each affidavit must be made under oath before an individual authorized by law to take acknowledgements, and must set forth the nature and date of the violation, the owner or custodian of the dog or cat, the address of the violation, and a description of the dog or cat.

(d) If the reported violation is repetitive, or pre-existing complaints are on file regarding a particular address, and it is evident the same animal owner resides at the reported address, the 72-hour time period may be waived.  The animal owner will not receive another notice, and the investigative process may commence.

C. The owner shall not be found in violation of Subsection B. of this Section, if at the time of the objectionable noise described herein, a person commits a crime, tort or trespass upon premises occupied by the owner of the dog or cat or was teasing, tormenting, abusing, or assaulting the dog or cat.  

D. No owner of an animal boarding facility shall be subject to the provision of this section as it relates to dogs or cats which bark, yelp, whine, howl, meow, squeal, scream, or cause other objectionable noise.

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