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.
Note: This is a .pdf file and requires Adobe Acrobat reader.