§ 4-5. Impoundment and confinement of dogs and cats.
(a)
The Division may impound and keep a dog or cat at a place maintained or designated for that purpose whenever:
(1)
The dog or cat is a stray or has been found at large in any manner in violation of Section 4-3;
(2)
The dog's or cat's owner has voluntarily surrendered ownership of the animal to the Division;
(3)
The dog or cat has been abandoned. A dog or cat shall be deemed abandoned if it has been placed in the custody of a licensed veterinarian or kennel and it has not been redeemed after a period of more than ten (10) days after written notice is given to the owner or the owner's agent at the last known address. Any such dog or cat may be turned over to the Division for disposition in any lawful manner at the discretion of the Director or designee, as provided in Section 705.19, Florida Statutes. Abandonment shall constitute the relinquishment of all rights and claims by the owner to such dog or cat;
(4)
An animal care specialist finds that the dog or cat is or will be without proper care because the owner is unable to care for the dog or cat due to injury, illness, incarceration, or other involuntary absence; or
(5)
The Division receives the dog or cat from a law enforcement agency.
(b)
Prior to disposing of any dog or cat, the Division shall make reasonable efforts to identify and notify the owner of the dog or cat. The owner may redeem the dog or cat upon payment of the redemption fees provided for by resolution of the Commission. Missing dogs or cats may be reported to the Division on forms prescribed for that purpose by the Director. A dog or cat voluntarily surrendered by its owner to the Division, however, shall become the immediate property of the Division and may be immediately disposed of pursuant to this section.
(c)
Dogs or cats impounded pursuant to this section and not claimed by their owners shall be held by the Division for a period of at least three (3) full business days after impoundment and prior to disposition, except as provided herein:
(1)
The confinement period before disposition shall be at least five (5) full business days for any dog or cat that is wearing a rabies registration license tag or other traceable identification.
(2)
The confinement period before disposition shall be at least five (5) full business days for dogs or cats impounded because the owner is unable to care for the animal due to injury, illness, incarceration, or other involuntary absence.
(3)
There shall be no confinement period before disposition of puppies and kittens less than four (4) months of age to enable the puppy or kitten to be placed at either a foster home or transferred to an appropriate location to protect the health of the puppy or kitten.
(4)
Dogs and cats that have been abandoned while in the custody of a licensed veterinarian or kennel and that have been turned over to the Division after the ten (10) day notice period required by Section 705.19, Florida Statutes, shall not be subject to any confinement period.
(5)
In the event that the Mayor declares a State of Emergency in Broward County, the Director, taking into account the number of animals in the custody of the Division at that time, may increase or decrease the holding periods contained in this section as circumstances may require.
(6)
The Division shall establish a program for the handling and disposition of feral cats with no requirement for a confinement period prior to disposition.
(7)
The Division shall not be required to feed or care for any wild or exotic animals.
(d)
Dogs or cats impounded by the Division shall be released to their owners upon presentation of proof of ownership and, if proof of proper vaccination and licensing is not provided, after proper vaccination and licensing, and payment of impoundment fees and redemption charges established by resolution of the Commission. An owner's agent may redeem a dog or cat upon presentation of the foregoing information as well as proof of agency.
(1)
For purposes of this section, proof of ownership may include: information registered with the Division; information contained on a microchip implanted in the dog or cat and registered with the Division or the applicable national microchip registry; pictures of the dog or cat; and evidence provided by a licensed veterinarian who has treated the dog or cat. In the absence of proof outlined in this section, a signed written statement may be submitted to the Division by a person unrelated to the person claiming ownership that acknowledges and attests to ownership of the dog or cat.
(2)
Additional fees or redemption charges established by resolution of the Commission shall be assessed upon the release of the impounded dog or cat if the dog or cat is not either spayed or neutered or if, within a twelve (12) month period, an owner has redeemed more than (1) dog or cat or the same dog or cat on more than one (1) occasion.
(e)
Those dogs or cats not redeemed by an owner within the confinement periods described in (c) above may, at the discretion of the Director or designee, be put up for adoption, released to approved animal rescue organizations, humanely euthanized, or disposed of in such other humane manner as the Director or designee shall deem appropriate. It is provided, however, that such animals may not be released to any medical school, college, university, person, firm, association, corporation, or individual for experimentation or vivisection purposes, or to any person, firm, association, corporation, or individual providing, selling, or supplying animals to any medical school, college, university, person, firm, association, corporation, or individual for experimentation or vivisection purposes.
(f)
Nothing contained in this section shall restrict the ability of an officer to take custody of a neglected or mistreated animal as provided in Section 828.073, Florida Statutes.
(Ord. No. 87-21, § 1, 5-12-87; Ord. No. 95-42, § 4, 10-24-95; Ord. No. 2013-10, § 1, 2-12-13; Ord. No. 2015-37 , § 1, 9-10-15)