§ 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 water and good and wholesome food.

(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 (2) 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.

(Ord. No. 12-10, § 1, 5-8-12)