September 2, 2010

Is There a Dog Leash Law in Gulf County ( Port St. Joe and Wewahitchka) Florida?

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In Gulf County, there are county ordinances that regulate the licensing, classification, confinement and disposal of dogs and cats. Pursuant to the Gulf County Code of Ordinances, dog owners have a duty to prevent domestic animals (dogs and cats) from running at large. Under the definition section of the Code of Gulf County Ordinances, the following definitions apply:

"At Large" is defined as an animal when off the property and not under restraint.

"Confined" is defined as within a building, pen fenced yard, vehicle, on a leash or on a chain.

"Restraint" is defined as confined within the real property limits of its owner or secured by a leash or lead.

It is important for dog owner in Gulf County to keep control of his or her dog. Confining a dog to a particular area and / or utilizing a leash at all times off the property will help prevent incidents in which a dog, for cause or not cause at all, bites an adult or a child. Dog bite injuries continue to occur across the State of Florida and involve serious injuries that involve costly medical bills, pain and suffering, and permanent scarring and disfigurement. You can read more these regulations at Gulf County Animal Control County Ordinances.

Gulf County is located in Florida's panhandle on the coast of the Gulf of Mexico and includes the following cities: Port St. Joe and Wewahitchka.

September 1, 2010

Miami (Kendall) Day Care Center Worker Investigated for Alleged Sexual Assault on 4 Year Old Girl

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In Florida, day care centers have a duty to provide a safe haven for children under their care. Unfortunately and tragically, some day care workers use their position of trust to commit horrendous and unspeakable acts of child and sexual abuse on children under their care. Many such acts go unreported without any intervention by law enforcement or the state of Florida. The Miami Herald recently reported that Edgar Cerezo was arrested for allegations involving sexual acts on a four year old girl in his wife's day care center - The Clara Cerezo Child Care Center. If convicted, Mr. Cerezo faces a possible sentence of life in prison. Of course, Mr Cerezo will be entitled to legal representation by a Florida public defender, or Florida Criminal Defense Attorney and it will be the State's burden to prove guilt beyond a reasonable doubt. You can read more about this story at Miami-Dade County Day Care Worker Accused of Attacking Four Year Old Girl.

Day care center abuse, assault, and neglect incidents continue to take place in Florida and other States. Responsible and caring child care workers should be supervising the children rather than those adults intent on preying and abusing children.

Continue reading "Miami (Kendall) Day Care Center Worker Investigated for Alleged Sexual Assault on 4 Year Old Girl" »

September 1, 2010

Is There a Dog Leash Law in Hardee County (Bowling Green, Wauchula, and Zolfo Springs) Florida?

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In Hardee County, Florida, a down owner has a duty to maintain possession, charge, custody or control of a dog and shall not allow the dog to run "at large". When a dog is off the premises of the owner, there is a duty to keep the dog on a leash or otherwise under the direct control of the dog owner pursuant to Section 4.105 - Dogs and Cats at Large - Restrictions - Code of Hardee County Ordinances. Direct Control is defined as immediate and continuous physical control of an animal at all times such as by means of a fence, leash, cord, or chain of specific length. For specially trained dogs, Direct Control is defined as dogs that respond to oral or aural control assuming that the person controlling the dog is within the unobstructed sight and hearing of the dog.

You can access the Animal Control County Ordinances for Hardee County and also read other information at Hardee County Animal Control.

It is important for dog owner in Hardee County to follow Animal Control ordinances and also to exercise due care and common sense when owning a animal. Compliance will help prevent the incidents of serious dog bite incidents that cause serious personal injuries to children and adults alike.

Hardee County, Florida is located in Central Florida just south of Polk County and includes the following cities: Bowling Green, Wauchula, and Zolfo Springs.

August 31, 2010

Is There a Dog Leash Law in St. Lucie County (Fort Pierce, Port St. Lucie, and St. Lucie Village) Florida?

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If a dog is off its owner's private property, the dog must be under restraint unless the dog is actively engaged in the sport of hunting. A dog, properly under restraint in St. Lucie County, is a dog that is secured by a leash or lead. "Leash or lead" is defined as a cord, rope, chain, or similar device which holds an animal under restraint and is not more than six (6) feet in length.

If you would like to read more of the Dog Provisions of St. Lucie County, Florida please see Code of Ordinances, County of St. Lucie, Florida, Article II - Animal Control.

St. Lucie County, Florida is located on the East Coast of Florida and includes the following cities: Fort Pierce, Port St. Lucie, and St. Lucie Village.

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August 30, 2010

Is There a Dog Leash Law in Martin County (Indiantown, Jensen Beach, Jupiter Island, and Stuart) Florida?

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Pursuant to Marion County, Florida, Code of Ordinances, Chapter 9 - Animals, Article 4 - Animal Control, Care and Treatment, Sec 9.90 - Animal Restraint Law, dogs off the property of their owner must be under restraint or control of a competent person by means of a chain, leash, or other similar device, or is in a secure cage or other secure enclosure. Also, dogs shall not be allowed on any County owned athletic field or facility or parks unless otherwise permitted.

Under the Martin County Ordinance, "at large" is defined as any animal running loose that has a current or traceable Martin County license. "Control" means the regulation of the possession, ownership, care and custody of a dog. If you would like to read more about the Dog Provisions see Marion County, Florida, Code of Ordinances, Chapter 9 - Animals.

Martin County, Florida is located on the East Coast of Florida and includes the following cities: Arundel, Indiantown, Hobe Sound, Hutchinson Island South, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City, Sewall's Point, and Stuart.

Continue reading "Is There a Dog Leash Law in Martin County (Indiantown, Jensen Beach, Jupiter Island, and Stuart) Florida?" »

August 29, 2010

Is There a Dog Leash Law in Charlotte County (Port Charlotte and Punta Gorda) Florida?

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In Charlotte County, Florida, it is unlawful for dog owners or those having possession, charge, custody or control of any dog to cause, permit or allow their dog to stray or in any manner run at large upon any public street, sidewalk or other public property or upon the property of another with that property owner's consent. If dogs are observed to be stray or running at large, officers are authorized to impound the dog.

However, dogs are permitted to be off the premises of its owner of any other person having possession, charge, custody or control of the dog if the dog is leashed or on a specifically designated dog park.

Dog owners must, at all times, have "direct control" over their dog. Direct control is defined as the immediate and continuous physical control of the dog by means of a fence, leash, cord or chain of sufficient strength to restrain the animal. If you would like to read more on the Dog Provisions of Charlotte County, Florida please see Code of Laws and Ordinances of Charlotte County, Florida.

Charlotte County, Florida is located on the West Coast of Florida and includes the following cities: - Cleveland, Grove City, Palm Island, Placida, Port Charlotte, Punta Gorda, Rotonda, and Solana.

It is important, as a dog owner, to keep your dog leashed when off your property. Leashing your dog will prevent your dog from attacking an adult, child or other domesticated animal and reduce your chance of incurring any liability for injuries caused by your dog.

August 28, 2010

Is There a Dog Leash Law in Lee County (Bonita Springs, Cape Coral, Fort Myers and Fort Myers Beach) Florida?

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Any owner of a dog or person in possession, charge, custody or control of a dog is prohibited from allowing their dog to become stray or roam at large in or upon any public street, sidewalk, school grounds, in the area of school vehicles, beaches, parks or on the private property of others without the consent of the property owner. "Roaming at large" is defined as any dog not under the restraint, confinement or direct control of its owner or his agent.

Proper "restraint" in Lee County is defined as the restraint of a dog by leash, fence, building, chain, cage, crate or other secure enclosure that prevents the dog from roaming at large. If dogs are restrained exclusively by chain or tether, the chain or tether must be at least ten (10) feet in length, weigh no more than one-eighth (1/8) of the dog's weight and have swivels on both ends.

"Direct Control" is defined as the immediate and continuous physical control of a dog at all times; such as by means of a leash not to exceed six (6) feet in length, cord or chain of sufficient strength to restrain the dog.

If you would like to read more of the dog provisions of Lee County, Florida see Lee County, Florida, Code of Ordinances, Chapter 6 - Animals and Fowl.

Lee County, Florida is located in Southwest Florida and includes the following cities:
Alva, Boca Grande, Bokeelia, Bonita Springs, Captiva, Cape Coral, Estero, Fort Myers, Fort Myers Beach, Fort Myers Shores, Fort Myers Villas, Gateway, Lehigh Acres, North Fort Myers, Page Park, Pine Island Center, Punta Rassa, Sanibel, San Carlos Park, St. James City, Tice, and Waterway Estate.


August 27, 2010

Tragic Drowning in Above Ground Swimming Pool - Gilchrist County, Florida

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In Central Florida, a toddler drowned in his family's swimming pool a week before his second birthday. The toddler was identified as Maxwell Spears. According to the Gilchrist County Sheriff's Office, Maxwell was unresponsive after his grandfather pulled him out of the pool. The accident happened in an above ground pool, and, investigators say, the child could have walked directly into the pool via a deck connecting the pool to the home.

Maxwell and another friend of his were being watched by Maxwell's father and grandfather at the time the accident occurred. The grandfather was leaving the laundry room of the family home and saw the back door open and Maxwell in the pool. Both the father and grandfather attempted to perform CPR on Maxwell until an ambulance arrived. If you would like to read more about this tragic accident see Toddler drowns in above ground pool.

Pools, in-ground and above ground, hot tubs and beaches are places of fun, excitement and also provide exercise for children. Constant supervision is key when children are around the water. If you would like to read more articles on water-related injuries and children please see:

1. Dangers of Hot Tubs - Children At Risk for Drowning, Death, and Personal Injuries
2. Dangers of Pool Drains - Importance of Strong Laws and Regulations to Protect Children
3. Dangers to Children on Florida Beaches - Truck Runs Over 4 Year Old Child

August 26, 2010

Is There a Dog Leash Law in Palm Beach County (Boca Raton, West Palm Beach, Jupiter and Lake Worth) Florida?

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In Palm Beach County, Florida, when a dog is off the property of it owner, sufficient and lawful means of restraint or confined are as follows:

1. Dog owners must have their dog under restraint or be controlled by a person by means of a chain, leash or other device if the dog is off its owner's property;

2. Or, the dog is sufficiently near its handler to be under the handler's direct control and is obedient to that handler's commands;

3. Or is caged or crated.
--"Owner's property" is defined as the property which is exclusive to the owner and does not include common areas.

It is unlawful for dog owners to tie, chain, or otherwise tether by electronic/radio device a dog on the owner's property withing 5 feet of public property, public access, easements, common grounds, or the property of another without the consent of that property owner. If you would like to read more about the Dog Provisions in this area see Code of Ordinances of Palm Beach County, Florida, Chapter 4, Animals.

Palm Beach County, Florida is located in South Florida on the East Coast and includes the following cities: Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes, Canal Point, Cloud Lake, Delray Beach, Glen Ridge, Golf, Greenacres, Gulf Stream, Haverhill, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Jupiter Inlet Colony, Lake Clarke Shores, Lake Park, Lake Worth, Lantana, Loxahatchee, Manalapan, Mangonia Park, North Palm Beach, Ocean Ridge, Pahokee, Palm Beach, Palm Beach Gardens, Palm Beach Shores, Palm Springs, Riviera Beach, Royal Palm Beach, Sandcut, South Bay, South Palm Beach, Tequesta, Wellington, and West Palm Beach.

Continue reading "Is There a Dog Leash Law in Palm Beach County (Boca Raton, West Palm Beach, Jupiter and Lake Worth) Florida?" »

August 25, 2010

Is There a Dog Leash Law in Hendry County (Clewiston, Harlem, and La Belle) Florida?

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Pursuant to Code of Ordinances, of the County of Hendry, Florida, Chapter 1-5, Animal Control, Sec. 1-5-16, Control and confinement of animals, dog owners must exercise reasonable care to protect humans, other animals or other property from injury or damage caused by the behavior of the dog.

Dog owners shall also exercise reasonable care to prevent their dog, while unattended, from leaving the premises of the owner by:
1. Confinement in a secure enclosure, fence, or pen from which the animal cannot dig, climb, jump or otherwise escape and which is locked while the animal is unattended;

2. Restraint by chain, cable and trolley, or other tether to prevent escape; or

3. Leash and physical control of a person capable of preventing the dog from escaping.

If not unattended, the dog owner shall exercise reasonable care to maintain the dog of the owner's premises by:
1. Confinement in a vehicle from which the dog cannot climb, jump or otherwise escape; or

2. Leash and physical control or a person capable of preventing such animal from escaping.

Repeat offenders - a dog that has been repeatedly (defined as 3 charged offenses) allowed to run loose or otherwise not confined in accordance with this ordinance must be spayed or neutered at the owner's expense.

Hendry County, Florida is located in Southwest Florida and includes the following cities: - Clewiston, Harlem, and La Belle.

August 23, 2010

Tragic Drowning in Clermont, Florida (Lake County) Hotel Pool - Legal Rights and Responsibilities

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Florida is a great destination and tourist State. It can be great fun to swim in pools and visit theme parks. Unfortunately, some vacations take a tragic turn especially when there is a serious personal injury to death to a young child. In Clermont (Lake County) Florida, a child reportedly drowned in a hotel pool. The child (Mahki Smith) was 4 years old and was visiting Florida with other family members. The child was discovered in the pool by his grandmother about midnight in the swimming pool of the Bay Resort in Lake County, Florida.

What are the legal rights and responsibilities of the hotel?

What are the legal rights and responsibilities of the family?

What are the legal rights and responsibilities of the child?

There are all valid questions when there is a serious injury or death to the child. Many cases of this nature are evaluated based on the facts and circumstances of the incident. In particular, it would be helpful to know the following:

What pool enclosures or fencing was in place for the hotel?

Was the pool locked at night?

How did the children especially a 4 year old get into the pool area so late at night?

What security measures were in place at the hotel?

Did any surveillance cameras videotape the incident or other portions of the night?

There are dangers in and around every pool and body of water in the State of Florida. The dangers and risks are especially high when there are children present. Safety precautions and supervision are key to keeping children safe in and around pools.

The loss and tragic death will be Mahki Smith will be felt in the family and community. You can read more about this story at Boy from New York Drowns in Lake County Hotel Pool.

August 23, 2010

Is There a Dog Leash Law in Broward County (Coral Springs, Fort Lauderdale, Hallandale Beach, Hollywood, and Cooper City) Florida?

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Dogs "at large" are prohibited in Broward County, Florida. Dogs are prohibited from becoming stray, running or going at large upon any public property or street, sidewalk, park or on the private property of another without the consent of that property owner. If a dog is found to be on the property of another without the property owner's consent, the dog may be humanely captured and confined. "At large" is defined as a dog not on its owner's property, and not under the restraint or direct control, custody, charge or possession of the owner, or other responsible person.

Any person leashing or otherwise confining a dog must do so in a humane fashion that is not injurious to the dog's health.

For a dog to be allowed on a public street, road, park or other public property, unless specifically permitted otherwise, the dog must be under the direct control of its owner or keeper. "Direct control" shall mean immediate, continuous physical control of the dog at all times, such as by means of a fence, leash, cord or chain of sufficient strength to restrain the dog.

If you would like to read more of the Dog Provisions in this area see Broward County, Florida, Code of Ordinances, Chapter 4, Animals and Fowl, Sec. 4-3: Dogs at large prohibited.

Broward County, Florida is located in South Florida on the East Coast and includes the following cities: Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hillsboro Beach, Hollywood, Lauderdale Lakes, Lauderdale-By-The-Sea, Lauderhill, Lazy Lake, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Port Everglades, Sea Ranch Lakes, Southwest Ranches, Sunrise, Tamarac, West Park, Weston, and Wilton Manors.