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Agenda Item #
Attachment NameAttachment SizeAttachment Date
Size: 146K
Last Updated: 2017/7/27
City of DeBary SealCity Council Meeting
City of DeBary

Subject: Animal Cruelty & Control Ordinance 08-17
From: Matt Boerger, Growth Management
Meeting/Hearing Date: August 2, 2017

(X)  Ordinance
(   )  Resolution
(   )  Other
(   )  Supporting Documents/Contracts

Ordinance #08-17 pertains to City policy regarding animal cruelty and animal control. The purpose of this amendment is to clarify and strengthen the regulations, as well as better align the City’s code with Florida Statutes 828 and 767.

Florida Statutes Chapters 828 and 767 pertain to policies on animal cruelty and damage by dogs. These regulations allow local governments to adopt the identical provisions as the state statutes. By adopting identical provisions, the community may benefit by ensuring compliance with state regulations, memorializing proper procedures for enforcement, and raising awareness to City policy on animal cruelty or control.  

Background Discussion
City Ordinances #04-96 and #05-13 adopt regulation governing animal control, treatment of animals, and enforcement of animal control code.

Ordinance #08-17 provides for the following
  • Defines: an animal control authority (City), animal control board (DeBary Special Master), and an animal control officer (officer appointed/employed through the City)
  • The ordinance further defines what constitutes animal cruelty including, “any person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon and vehicle, or otherwise, any animal in a cruel or inhumane manner commits animal cruelty”
  • Adopts civil infractions for the abuse or violence against any animal per Florida Statute, Chapter 828.
  • Confiscation of neglected or mistreated animals allows for:
  • Lawfully taking custody of the animal by removing it from the present location; or
  • Ordering the owner of the animal to provide care to the animal at the owner’s expense without removal of the animal
  • Aligns the City’s animal control and cruelty regulations to those adopted under Florida Statues 767 and 828.

Recommended Motion
Approve the second reading of Ordinance #08-17

City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other


City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122