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 Volusia County
 Code of Ordinances
 Chapter 14. ANIMALS
 Article II. ANIMAL CONTROL

  § 14-38. Impoundment.  

Latest version.

  • (a)

    Animals subject to impoundment.

    (1)

    Any unrestrained or unlicensed animal required to be licensed may be impounded by the animal control officer.

    (2)

    Any animal creating a public nuisance as defined in this article may be impounded by the animal control officer, except that hunting dogs shall be exempt from the terms of subsections (1) and (6) of the definition of the term "public nuisance animal" in section 14-31 when engaged in a hunt or not under restraint as a result of a hunt during legally declared hunting seasons, as designated from year to year by the state game and freshwater fish commission.

    (3)

    Any dog for which a final determination has been made that there is sufficient cause to deem the dog as dangerous whose owner fails to comply with the requirements of F.S. § 767.12, or its successor and subsections 14-40(g) and (h) of this article or its successor within the time period provided therein. The dog shall remain impounded until the owner complies with all of the provisions of subsections 14-40(g) and (h) of this article. Should the owner continue to fail to comply with subsections 14-40(g) and (h) of this article and the referenced statute for a period of 14 days from the date of the impoundment, then the animal control division may seek injunctive relief to enjoin the return of the dangerous dog to its owner and such other relief as the court deems appropriate.

    (b)

    Redemption of impounded animals.

    (1)

    Except for animals impounded pursuant to subsection (a)(3) of this section, where an impounded animal bears an indicium of ownership, the animal control officer shall notify the owner or keeper of said animal's impoundment by direct conversation, telephone message, written notice which is posted at the owner's address, or sent to the owner by certified mail, return receipt requested. Said animal shall only be required to be held for the owner for three working days from the date of notification to the owner. At the expiration of said three days, if no owner has appeared to claim the impounded animal, said animal shall be deemed unowned and may be disposed of as provided in subsection (c) of this section. An owner of an animal impounded shall pay the impoundment fee before the animal will be released to the owner.

    (2)

    Animals impounded pursuant to subsection (a)(3) of this section may only be redeemed upon full compliance with this article as demonstrated satisfactorily to the appropriate animal control officer or pursuant to a court's order and upon payment of all impoundment fees.

    (3)

    Working day shall mean a day in which the impounding facility is open for normal operating activities.

    (4)

    Any dog or cat impounded in accordance with this section shall be spayed or neutered, or the owner shall obtain an unaltered animal permit for that dog or cat within 30 days of being redeemed, unless the owner has previously obtained an unaltered animal permit for that dog or cat in accordance with section 14-58. Documentation evidencing completion of the spay or neuter procedure shall be provided to the animal control division within this 30-day period. Any application for an unaltered animal permit filed to satisfy the terms of this section shall be filed with the animal control division within 72 hours of the dog or cat being redeemed.

    (c)

    Disposition of impounded animals. Any unclaimed animal shall become the property of the county, and may be humanely destroyed, transferred to a humane society or placed in the custody of some person deemed to be a responsible and suitable owner who will agree to comply with all of the provisions of this article.

    (d)

    Fees. Impounding agencies shall charge impoundment fees plus fees for the animal's care, feeding and maintenance. These fees shall be established by recommendation by the animal control board in cooperation with the holding facilities and approved by resolution of the county council.

    (e)

    Impounding facilities. The county may construct and operate impounding or holding facilities or contract with organizations with such facilities to provide adequate animal impounding for the area.

(Ord. No. 91-33, § VII, 10-10-91; Ord. No. 93-25, § VII, 11-4-93; Ord. No. 2003-15, § 4, 10-2-03; Ord. No. 2007-11, § III, 10-18-07; Ord. No. 2008-13, § II, 6-5-08)