SECTION 2.    DEFINITIONS
The following terms shall have the meanings as indicated. No attempt is made to define any words which are used in accordance with their established dictionary meaning, except when necessary to avoid misunderstanding. 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 words in the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall", "will" and "must" are mandatory and the word "may" is permissive.

1. ABANDON - shall mean to forsake an ANIMAL entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an ANIMAL.
2. ANIMAL - shall mean any living dumb creature that is a member of the mammalian, avian, reptilian or amphibian species, except that sections of this Ordinance controlled by statute shall be governed by the statutory definition of animal.
3. ANIMAL CONTROL OFFICER - shall mean any individual employed, contracted with, or appointed by the COUNTY who is appropriately trained and authorized to investigate, on public or private property, civil infractions relating to ANIMAL control or CRUELTY and to issue CITATIONS. ANIMAL CONTROL OFFICERS are not authorized to bear arms or make arrests but are otherwise empowered as provided for in Section 828.27, Florida Statutes (1999), as may be amended.
4. ANIMAL RESCUE ADOPTION ORGANIZATION - shall mean a not-for- profit organization or individual that engages in placing homeless ANIMALS into homes to live the remainder of their lives in a humane and safe manner as COMPANION ANIMALS and that obtains a PERMIT from the DEPARTMENT to obtain ANIMALS from the DEPARTMENT's adoption program. Such organizations may also foster ANIMALS or enlist others to foster ANIMALS.
5. APPROVED GOVERNMENTAL AGENCY - shall mean an agency of the federal, local or state government which owns DOGS trained for service in the government, and which registers with and is approved for exemption from certain fee requirements by the DEPARTMENT.
6. AT LARGE - shall mean not on the OWNER's property, and not under restraint or the DIRECT CONTROL, custody, charge or possession of the OWNER, or other responsible PERSON.
7. AUTHORIZED SHELTER - shall mean a society or association for the prevention of CRUELTY to ANIMALS organized under the laws of the state and authorized by the DEPARTMENT to own or operate a shelter for the humane confinement and maintenance of DOGS, CATS and other ANIMALS.
8. BAITING - shall mean to attack with violence, to provoke, or to harass an ANIMAL with one or more ANIMALS for the purpose of training an ANIMAL for, or to cause an ANIMAL to engage in, fights with or among other ANIMALS.
9. BITE - shall mean any cut, puncture or breakage of skin or tissue made with the teeth or fangs of any ANIMAL.
10. BOCC - shall mean the Board of County Commissioners of Hillsborough County, Florida.
11. CAT - means but is expressly not limited to domestic cats, Felis catus, and any genetic hybridization thereof, including but expressly not limited to ocelot hybrids and bobcat hybrids, that is not under the jurisdiction of the Florida Game and Fresh Water Fish Commission.
12. CATTERY - shall mean any premises wherein 6 or more CATS are kept for the purposes of boarding, training, or any other similar business purposes. COUNTY-operated or city-operated ANIMAL control agencies and registered nonprofit humane organizations are not included.
13. CITATION - shall mean a written notice, issued to a PERSON by an OFFICER that the OFFICER has probable cause to believe the PERSON has committed a civil infraction in violation of this Ordinance, and that the Hillsborough County Court System will hear the charge.
14. CIVIL PENALTY - shall mean a sum of money assessed as a pecuniary penalty for a violation of any provision of this Ordinance.
15. COMPANION ANIMAL - shall mean any DOG, CAT or other ANIMAL that is legally owned, harbored or kept for companionship or pleasure on or about the habitat or environment of a PERSON and such DOG, CAT, or other ANIMAL is dependent upon a person for sustenance or survival, including all ANIMALS except indigenous and non- indigenous wildlife under the exclusive jurisdiction of the state and ANIMALS used in connection with pari-mutual wagering, horses, or ANIMALS raised in connection with food or fiber industries.
16. CONFINE OR CONFINEMENT - shall mean to HUMANELY, safely and securely hold or restrict an ANIMAL in a designated area or to keep an ANIMAL within certain parameters.
17. COUNTY - shall mean Hillsborough County, a political subdivision of the State of Florida.
18. CRUELTY - 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, unless excepted by law.
19. DANGEROUS DOG - shall be defined in accordance with Section 767.11, Florida Statutes (1999), as may be amended.
20. DEPARTMENT - shall mean the COUNTY's Department of Animal Services.
21. DIRECT CONTROL - shall mean immediate, continuous physical control of an ANIMAL at all times such as by means of a fence, leash, cord or chain of such strength to restrain the ANIMAL.

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22. DIRECTOR - shall mean the person in charge of the day to day administration of the DEPARTMENT or his or her authorized designee.
23. DOG - means but is expressly not limited to domestic dog, Canis familiaris, and any genetic hybridization thereof, including but expressly not limited to wolf hybrids and coyote hybrids, that is not under the jurisdiction of the Florida Game and Fresh Water Fish Commission.
24. EXPOSURE TO RABIES - shall mean an action whereby a potentially rabid ANIMAL has bitten, scratched or put its saliva in contact with the mucous membrane or an open lesion of another ANIMAL or human being.
25. FEE - shall mean money chargeable pursuant to this Ordinance that is not assessed as a pecuniary penalty for violation of this Ordinance.
26. FERAL CAT - shall mean a CAT that: (i) has an uncared for condition, such as rough haircoat, underweight, or poor general health; (ii) cannot be handled without injury to the CAT or a PERSON; (iii) displays violent or aggressive behavior; and (iv) has no observable indication of ownership or identification, such as a TAG, ear tag, microchip, or TATTOO.
27. FERRET - shall mean any member of the domestic ferret species Mustela putorius furo regardless of age.
28. GUARD DOG - shall mean any type of DOG used primarily for the purpose of defending, patrolling or protecting individuals or property at any commercial establishment. It does not include any stock DOGS used primarily for handling and controlling livestock or farm ANIMALS.
29. HANDLING EQUIPMENT - shall mean equipment used for training or handling fighting ANIMALS, including but not limited to sparring muffs, gaffs, harnesses, treadmills, CAT mill cages, decoys, feeding apparatuses, training pens and related devices and equipment.
30. HARBOR - shall mean to perform any of the acts of providing care, shelter, protection, refuge, food or nourishment in such a manner as to control the ANIMAL's actions.
31. HUMANE MANNER 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 as more particularly described in the COUNTY's Animal Care Standards promulgated by the DEPARTMENT. The definition also includes the provision of euthanasia consistent with lawful practices.
32. IMPOUND or IMPOUNDMENT - shall mean the taking of an ANIMAL into custody through lawful means by the DEPARTMENT.
33. INTACT - shall mean any DOG or CAT that has not been spayed or neutered.
34. KENNEL - shall mean any premises wherein 6 or more DOGS are kept for the purpose(s) of boarding, training, or any other similar business purposes. COUNTY-operated or city-operated ANIMAL control agencies and registered nonprofit humane organizations are not included.
35. NUISANCE ANIMAL - shall mean any COMPANION ANIMAL that unreasonably annoys humans, endangers the life or health of other ANIMALS or individuals, or substantially interferes with the rights of citizens, other than its OWNER, thereby interfering with the reasonable use and enjoyment of property, and as further defined in Section 15 of this Ordinance.
36. OFFICER - shall mean any law enforcement officer in the COUNTY as defined in Section 943.10, Florida Statutes, or any ANIMAL CONTROL OFFICER.
37. OFFICIAL CERTIFICATE OF VETERINARY INSPECTION - shall be defined in accordance with Section 828.29(3)(b), Florida Statutes (1999), as may be amended.
38. OWNER - shall mean any PERSON, owning, HARBORING, possessing or otherwise keeping or exercising control or custody of any ANIMAL, or if the ANIMAL is owned by an individual under the age of 18, that individual's parent or guardian. Knowledge and acts of agents and employees of the OWNER in regards to ANIMAL transportation, employment or custody shall be held to be the knowledge and acts of the OWNER.
39. OWNER RELEASE AND SURRENDER STATEMENT - shall mean an ANIMAL release form or statement signed by the OWNER or his or her authorized agent which relinquishes and vests all ownership and possessory rights to the COUNTY.
40. PERMIT - shall mean a formal authorization from the COUNTY which allows an OWNER to engage in a regulated business involving ANIMALS as provided for by this Ordinance.
41. PERMITTEE - shall mean any PERSON to which a permit is issued.
42. PERSON - shall mean any individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, entity or any group or combination thereof.
43. PET DEALER - shall mean any PERSON who engages in the sale of more than 20 DOGS or CATS per year. This definition includes breeders of DOGS or CATS who sell such ANIMALS directly to a consumer. COUNTY or city operated ANIMAL control agencies and registered nonprofit humane organizations are not included.
44. PET PIG - shall mean any member of the domestic pig species Sus scrofa regardless of age, that is raised or intended to be raised as a COMPANION ANIMAL, for personal use or enjoyment, or if it is raised or intended to be raised for non-commercial or non-agricultural purposes.
45. PROPER ENCLOSURE - shall mean for a DANGEROUS DOG or a female DOG or CAT in heat, that while on the OWNER's property, the DOG or CAT is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of other DOGS, CATS, or young children and designed to prevent the DOG or CAT from escaping over, under, or through the structure and shall also provide protection from the elements in a HUMANE MANNER.
46. QUARANTINE - shall mean the strict, humane, confinement, isolation and observation of an ANIMAL suspected of carrying or being infected with rabies or some other contagious disease or dangerous condition.
47. RABIES VACCINATION - shall mean inoculation with a United States Government approved vaccine for the prevention of rabies.
48. REBATE - shall mean an incentive payment made to a PERSON residing in the COUNTY who has had their DOG or CAT surgically STERILIZED under the conditions specified in this Ordinance, which shall be funded from the TAG FEE differential assessed for INTACT DOGS and CATS versus STERILIZED DOGS and CATS and such other funds as deemed appropriate by the COUNTY.
49. REGISTRATION - shall mean filing a COUNTY REGISTRATION CERTIFICATE for an ANIMAL with the DEPARTMENT informing them of ownership and for TAG purposes.
50. REGISTRATION CERTIFICATE - shall mean a document evidencing REGISTRATION and VACCINATION for rabies of a DOG, CAT, or FERRET residing in the COUNTY which contains at a minimum the information required by Section 828.30, Florida Statutes (1999), as may be amended.
51. RESOLUTION - shall mean an expression of the BOCC, concerning some matter of administration within its official competence.
52. SERVICE ANIMAL - shall mean any guide or signal DOG or other ANIMAL that is individually trained to provide assistance to an individual with a disability.
53. SERVICE ANIMAL USER - shall mean a person who is visually impaired, blind, hearing impaired, deaf, physically challenged or similarly health impaired person whom by reason thereof is aided by a SERVICE ANIMAL.
54. SEVERE INJURY - shall mean any physical injury that results in broken bones, multiple BITES, or disfiguring lacerations requiring sutures or reconstructive surgery or as further defined in Section 767.11(3), Florida Statutes (1999), as may be amended.
55. 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; (iii) be free of standing water, accumulated waste and debris, protect the sheltered ANIMAL from injury, and have adequate ventilation and for DOGS and CATS, provide a solid surface, resting platform, pad, floormat or similar device that is large enough for the ANIMAL to lie on in a normal manner; and (iv) be properly lighted to provide a regular lighting cycle of either natural or artificial light corresponding to the natural period of daylight unless otherwise directed by a VETERINARIAN. 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.
56. STERILIZED - shall mean rendered permanently incapable of reproduction such as by surgical or chemical means.
57. 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.
58. TAG - shall mean a current COUNTY ANIMAL license tag.
59. TATTOO - shall mean an indelible mark made on a designated part of an ANIMAL's body for the purpose of identification and REGISTRATION.
60. TETHER - shall mean a rope, leash, or other means of constraint, which must be attached to the ANIMAL by a properly applied collar, halter or harness and configured so as to protect the ANIMAL from injury and prevent entanglement with other objects and/or ANIMALS. The TETHER shall not extend over an object or edge in such manner that could result in the strangulation of or injury to the ANIMAL. The length of the TETHER must be at least three times the length of the ANIMAL measured from the nose to the base of its tail, unless the TETHER is being used to secure the ANIMAL to the bed of an open VEHICLE.
61. TIME COMPUTATIONS - Except as otherwise provided in Section 28, unless the time period specifies "business days", all days shall be calendar days that exclude: (i) the day the act, event, or default occurred, and (ii) the last day of the time period whenever it falls on a Saturday, Sunday, or legal holiday (in which case the last day shall be the next calendar day that is not a Saturday, Sunday or holiday).
62. 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.
63. TRANSFER - shall mean to convey or shift ownership from one PERSON to another, with or without the exchange of money or other consideration.
64. 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).
65. UNPROVOKED - means that the victim, who has been conducting himself or herself peacefully and lawfully, has been bitten, chased in a menacing fashion, or attacked by a companion animal.
66. VACCINATION - shall mean an inoculation with a vaccine as a protection against disease.
67. VEHICLE OR MOTOR VEHICLE - shall mean any vehicle propelled by a means other than muscle power, including but not limited to mopeds, go-carts, motorcycles, dune buggies, boats, recreational vehicles, trucks, trailers, semi-trailers, truck-tractors, semi- trailer combinations, or any other attachment to such a vehicle, operated on the roads of the COUNTY.
68. VETERINARIAN - shall mean an individual who is licensed to engage in the practice of veterinary medicine in Florida or is exempt from the state licensure requirements under the authority of Chapter 474, Florida Statutes (1999), as may be amended, or who is licensed in the area in which the veterinarian is practicing if outside of the State of Florida.
69. VICIOUS ANIMAL - shall mean a DOG or CAT that when unprovoked has bitten, attacked, endangered, or inflicted injury on a human, or domestic ANIMAL while on public or private property; or has chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack.
70. WATER - shall mean provision of and access to clean, fresh 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 at all times 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 at events such as DOG or CAT shows or field trials. In such cases, the responsible PERSON shall ensure sufficient water is provided to the ANIMAL in order to maintain normal hydration for the species of ANIMAL.

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