The following definitions are related to this section of the ordinance to assist with understanding specific meanings:
CRUELTY
shall mean any 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.
HUMANE 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. The definition also includes the provision of
euthanasia consistent with lawful practices.
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; and (iii) be free of standing
water, accumulated waste and debris, protect the sheltered animal from
injury, and have adequate ventilation. 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.
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.
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.
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).
WATER
shall mean provision of and access to clean, fresh, and 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 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 who shall ensure sufficient water is provided to the
animal in order to maintain normal hydration for the species of the
animal.
The following is directly from Animal Ordinance 12-10
Sec. 2-4-9: Cruelty to Animals
A. Pursuant
to Section 828.12, Florida Statutes (2005), cruelty to animals is a
criminal offense. The Division shall investigate reported incidents
involving cruelty to animals or support investigations by other law
enforcement agencies when so requested and shall refer cases where
probable cause exists to the State Attorney for potential criminal
prosecution.
B. In addition to those set forth in the
statute, the following additional acts or omissions shall constitute
cruelty to animals under this Ordinance:
1. Unnecessarily
overloading, overdriving, tormenting, depriving of necessary
sustenance, shelter, or medical care; or unnecessarily mutilating; or
killing any animal or causing the same to be done; or carrying in or
upon any vehicle or otherwise, any animal in a cruel or inhumane manner.
2. Intentionally
committing an act to any animal which results in the cruel death, or
excessive or repeated infliction of unnecessary pain or suffering, or
causes the same to be done.
3. Poisoning a dog, cat, ferret, or any other animal.
C. Pursuant
to Section 828.13, Florida Statutes (2005), confining an animal without
sufficient food, water, or exercise, or abandonment of an animal is a
criminal offense. The Division shall investigate reported incidents
involving such action, or support investigations by other law
enforcement agencies when so requested, and shall refer cases where
probable cause exists to the State Attorney for potential criminal
prosecution.
D. The following acts or omissions shall constitute improper confinement or abandonment:
1. Impounding or confining an animal without a sufficient quantity of good and wholesome food and water.
2. Keeping an animal in any enclosure without wholesome exercise and change of air.
3. Abandoning to die any animal that is maimed, sick, infirm, or diseased.
4. Abandoning an animal to suffer injury, malnutrition, or illness without veterinary care.
E. A veterinarian rendering services is exempt from the provisions of this section.
F. Pursuant
to Section 828.122, Florida Statutes (2005), fighting or baiting
animals is a criminal offense. The Division shall report incidents
involving such action to the appropriate law enforcement agency, and
support investigations when so requested, and shall refer cases where
probable cause exists to the State Attorney for potential criminal
prosecution.
G. The following acts or omissions shall constitute improper fighting or baiting under this Ordinance:
1. Baiting or using any animal for the purpose of fighting or baiting any other animal.
2. Knowingly owning, managing, or operating any facility kept or used for the purpose of fighting or baiting any animal.
3. Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two or more animals.
H. Nothing
in this Section shall be construed to prohibit, impede, or otherwise
interfere with recognized animal husbandry and training techniques or
practices not otherwise specifically prohibited by law.
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