Ordinance 90-2683 ORDINANCE NO. 90-2683
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING SECTION 4-1,
MIAMI BEACH CITY CODE ENTITLED "DEFINITIONS" ;
AMENDING SECTION 4-6.12, MIAMI BEACH CITY CODE,
"DOGS PROHIBITED IN PUBLIC PARKS AND ON
BEACHES" TO INCLUDE ALL ANIMALS; AMENDING
SECTION 4-6 . 13, MIAMI BEACH CITY CODE, "SAME-
RUNNING AT LARGE PROHIBITED" TO INCLUDE ALL
ANIMALS; AMENDING SECTION 4-6 . 14, "SAME-
COMMITTING NUISANCES PROHIBITED" , TO INCLUDE
ALL ANIMALS; ADDING NEW SECTION 4-8 "MAXIMUM
AMOUNT OF ANIMALS ON PREMISES" PROVIDING FOR
A MAXIMUM AMOUNT OF ANIMALS AT ANY LOCATION;
ADDING NEW SECTION 4-9 ENTITLED "IMPOUNDING;
REDEEMING BY OWNER; DISPOSITION OF UNREDEEMED
ANIMALS. " PROVIDING FOR COLLECTION AND DISPOSAL
OF STRAY ANIMALS; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: Amending Section 4-1, Miami Beach City Code entitled
"Definitions" .
(a) As used in this section the term:
( 1) Animal shall mean any living dumb crcaturc.
(1) Animal shall be defined as any mammal older than three
( 3) months excluding humans, birds or reptiles.
( 2) Animal control officer shall mean any person employed or
appointed by Dade County or the City of Miami Beach who is
authorized to investigate, on public or private property, civil
infractions relating to animal control or cruelty and to issue
citations as provided in this section. An animal control officer
is not authorized to bear arms or make arrests. Animal control
officer shall include, but not be limited to, Code Enforcement
Officers, employees of the Fire Department and employees of the
Police Department.
( 3) Control shall mean the regulation of the possession,
ownership, care, and custody of animals.
( 4) Cruelty shall mean any act of neglect , torture, or
torment that causes unjustifiable pain or suffering of an animal .
( 5) Law enforcement officer shall mean any person who is
elected, appointed, or employed full-time by the City of Miami
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•
Beach or the state or any political subdivision thereof, who is
vested with authority to bear arms and make arrests, and whose
primary responsibility is the prevention and detection of crime or
the enforcement of the penal , criminal, traffic, or highway laws
of the state. This definition shall include all part-time law
enforcement officers, auxiliary law enforcement officers, and all.
certified supervisory and command personnel whose duties include,
in whole or in part, the supervision, training, guidance, and
management responsibilities of full-time law enforcement officers,
part-time law enforcement officers, or auxiliary law enforcement
officers, but does not include support personnel employed by the
employing agency.
( 6) Veterinarian shall mean a person who is licensed to
engage in the practice of veterinary medicine in Florida under the
authority of state law.
( 7 ) Officer shall mean any law enforcement officer , any
veterinarian or any animal control officer .
( 8) Citation shall mean a written notice, issued to a person
by an officer, that the officer has probable cause to believe that
the person has committed a civil infraction in violation of a duly-
enacted ordinance and that the county court will hear the charge.
The citation shall contain:
a. The date and time of issuance .
b. The name and address of the person cited.
c. The date and time the civil infraction was
committed.
d. The facts constituting probable cause.
e. The ordinance violated.
f . The name and authority of the officer .
g. The procedure for the person to follow in order to
pay the civil penalty or to contest the citation.
h. The applicable civil penalty if the person elects
to contest the citation.
i . The applicable civil penalty if the person elects
not to contest the citation.
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j . A conspicuous statement that if the person fails to
pay the civil penalty within the time allowed, or fails to appear
in court to contest the citation, he shall be deemed to have waived
his right to contest the citation and that, in such case, judgment
may be entered against the person for an amount up to the maximum
civil penalty.
( 9) Ordinance shall mean any ordinance relating to the
control of or cruelty to animals enacted by the governing body of
Dade County or The City of Miami Beach, the violation of which is
a civil infraction. (Ord. No. 88-2604, §1. )
( 10 ) Owner shall mean the owner of any real property or
improvement thereon or lessee of real property, building or
apartment, hotel, motel or condominium unit .
( 11 ) Responsible person shall be defined as any person having
custody, control or ownership of an animal .
( 12) Premises shall mean the legal boundaries of any real
property, improvement, apartment, hotel, motel or condominium unit,
whether owned or leased.
SECTION 2: Amending Section 4-6 . 12, Miami Beach City Code
entitled "Dogs prohibited in public parks and
beaches" .
The above-referenced section of the Miami Beach City Code
shall be amended to read as follows:
SECTION 4-6.12 DOGS ANIMALS PROHIBITED IN PUBLIC PARKS AND ON
BEACHES.
It shall be prohibited for any person to take any dreg animal into,
or to keep any deg animal in or upon, any public park or public
beach in the City, except for areas reasonably designated by the
City Manager . Animals which are under the custody and control of
a law enforcement officer and "seeing-eye" dogs accompanying a
blind person are excluded from this section.
SECTION 3: Amending Section 4-6 . 13 , Miami Beach City Code
entitled "Same-running at large prohibited. "
The above-referenced section of the Miami Beach City Code shall be
amended to read as follows:
It shall be prohibited for the owner or person in control of any
*s1le6a-s�e�
deg animal to *permit same to run at large. All dog3 animals, when
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*corrected 6/1/90
1
not on the premises of the owner thereof, or of the person in
control thereof, must be on a leash or contained in a carrier
device and under the control of a competent person.
SECTION 4: Amending Section 4-6 . 14 , Miami Beach City Code
entitled "Same-committing nuisances prohibited"
The above referenced section of the Miami Beach City Code shall be
amended to read as follows:
No dog even though licensed, nuzzled or inoculated against rabies
and fastened to a suitable leash, shall be permitted It shall be
unlawful for an owner or a responsible party to permit , any animal
to commit a nuisance of any kind or character upon any public
property within the City or any private property other than the
*deg
property of the owner *or responsible party of the*animal . and upon
public property of the city that dies entirely between the street
and curbs, excluding the sections of the Street normally used by
pedestrians. *"Nuisance" for the purposes of this section shall
include but not be limited to defecation and/or urination.
SECTION 5: Creating Section 4-8, Miami Beach City Code entitled
"Maximum amount of animals on premises" .
The above-referenced section of the Miami Beach City Code shall
read as follows :
It shall be unlawful for any owner or responsible person to keep,
maintain or harbor more than ten ( 10) animals as defined in Section
4-1 on the premises of the owner or responsible person; however ,
at no time shall there be more than four ( 4 ) dogs on the premises
of the owner or responsible person. This section does not include
animal hospitals, pet stores or kennels which possess a valid
occupational license to operate said businesses and are located in
a zoning district which allows such a use.
SECTION 6: Creating Section 4-9, Miami Beach City Code entitled
"Impounding; redeeming by owner; disposition of
unredeemed animals. "
The above-referenced section shall read as follows :
Any dog or cat found without a current tag issued pursuant to
Metropolitan Dade County Code Chapter 5 and iii violation of Section
4-6 . 12, 4-6 .13 , 4-6 . 14 , Miami Beach City Code or any other animal
in violation of Sections 4-6 . 12, 4-6 . 13, 4-6 . 14, Miami Beach City
4
*corrected 6/1/90
Code may be captured by an animal control officer and imprisoned
and impounded at any place maintained or designated for that
purpose. The animal may be redeemed by the owner in accordance
with the procedures established in Section 5-11 , Dade County Code
and the disposition of unredeemed animals will be in accordance
with Section 5-11, Dade County Code.
SECTION 7: REPEALER: That all ordinances or parts of
ordinances in conflict be and the same are hereby repealed.
SECTION 8: SEVERABILITY: If any section, sub-section,
sentence, clause, phrase, or portion of this ordinance is for any
reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portions of this ordinance.
SECTION 9: EFFECTIVE DATE: That this ordinance shall take
effect ten days after its adoption on March 3 , 1990 .
PASSED AND ADOPTED this 21st day of February, 1990.
40111r
VICE- MAYOR
ATTEST:
6911
CITY
1st Reading 2/7/90
2nd Reading 2/21/90 L --v Qom)
FORM APPROVED
LEGAL DEPARTME T
is 111
_
Date l . • I
JLM/rlw
REF: 3\DOGSPROH.ORD
5
eiev, Veeiami Fead
�PMcy FLORIDA 3 3 1 3 9
!*;INCO io ED * "VA CA TIONLANU U. S. A. "
•,r�9�H 26��`y'
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. t. C C'
DATE: FEBRUARY 7 , 1990
TO: Mayor Alex Daou• •nd
Members of th e ity Com issi.n
FROM: Rob W. Par 'ns ' %►�!1 r
City Manager r �
t
SUBJECT: AN ORDINANCE AMENDING ANIMALS AND FOWL ,
CHAPTER 4 OF THE MIAMI BEACH CITY CODE
THIS AMENDMENT WILL PROVIDE DEFINITIONS OF ANIMAL ,
ANIMAL CONTROL OFFICER , OWNER , RESPONSIBLE PERSON
AND PREMISES .
THIS AMENDMENT WILL CLARIFY PROHIBITIONS OF ANIMALS
IN PUBLIC PARKS , ON PUBLIC BEACHES AND RUNNING AT
LARGE . THIS AMENDMENT WILL ALSO ADD SPECIFICITY TO
ANIMAL NUISANCES .
ADDITIONALLY IT IMPOSES A MAXIMUM AMOUNT OF ANIMALS
ANY OWNER OR RESPONSIBLE PERSON MAY KEEP ON THEIR
PREMISES AND ESTABLISHES A REINFORCEMENT OF THE
IMPOUNDING PROCEDURES OF CHAPTER 5 OF THE METROPOLITAN
DADE COUNTY CODE .
ADMINISTRATIVE RECOMMENDATION :
ADOPT THIS ORDINANCE WHICH PROVIDES A COMPREHENSIVE
AND EFFECTIVE MEANS OF ANIMAL CONTROL ENFORCEMENT .
RWP/JR/MAS
6
AGENDA R _ !
ITEM
Ijr -
Ch. 828 CRUELTY TO ANIMALS
F.S.1889 F.S.
CHAPTER 828
urn pentob
CRUELTY TO ANIMALS animal-cor
with the SE
328.02 Definition of"animal." purpose of protecting children and animals or prevent- ing injured
828.03 Agents of counties,societies,etc.,may prose- ing any act of cruelty thereto. are in their
elines
cute violators. (2) All appointments of such agents by such die- urn pentot
828.05 Killing an injured or diseased domestic ani- ties or corporations must have the approval of the mayorum pentot
of the city in which the society or association exists,and
tains and
828.055 Sodium pentobarbital; permits for use in if the society or association exists or works outside of set forth it
euthanasia of domestic animals. any city, the appointment must be approved
828.058 Euthanasia of dogs and cats. yjueorte itby the ane feeel
828.073 Animals found in distress; when agent may the county,and thegmayororjudge dge s all kee ep a r record urt for ne(2)I An
take charge; hearing; disposition; sale. of such appointment.The approval of the appointment or any hur
828.08 Penalty for exposing poison. of any agent by a county for either the incorporated or State may
828.12 Cruelty to animals. unincorporated areas of such county shall be by the ulation for
828.121 Conduct of simulated bullfighting exhibitions. county commission. urn pento
828.122 Fighting or baiting animals; offenses; penal- HUtory.s.12,ch.4971,1901;GS3158;RGS4984;CGL 7073;s.32,ch.73-334;
ties. s.1,ch.75-223;s.1,ch.76-102;s,1,ch.77-174. pursuant
828.125 Killing or aggravated abuse of registered board the
breed horses or cattle;offenses; penalties. 828.05 Killing an injured or diseased domesticani- forth in th
b
828.13 Confinement of animals without sufficient mai, (3) Tt
food, water, or exercise; abandonment of (1) The purpose of this^,cti:;�:: i ,ar,,.,ic' ,a swift upon a dE
animals. and merciful means whereby domestic animals which any pear
828.14 Water and food for stock on trains, vessels, are suffering and imminently near death from injury or any pure
etc. disease may be destroyed without unconscionable de if the per
828.16 Contagious diseases. lay. garding F
(2) As used in this section, the term"officer"means: Note.Histo .
828.161 Prohibiting artificial coloring and sale of cer- "O -F°`
tain animals and fowls; construction. (a) Any law enforcement officer;
828.17 Officer to arrest without warrant. (b) Any veterinarian; and 828.05
828.22 Humane slaughter requirement. (c) Any officer or agent of any municipal or county (1)(a)
828.23 Definitions. animal control unit or of any society or association for the be used
828.24 Prohibited acts; exemption. prevention of cruelty to animals,or the designee of such and cats
828.25 Administration; rules and regulations; inspec- an officer or agent. cilities w
tion; fees. (3) Whenever any domestic animal is so injured or stray,ne
828.26 Penalty. ' diseased as to appear useless and is in a suffering con- that solu
828.27 Local animal control or cruelty ordinances; dition,and it reasonably appears to an officer that such erence:
penalty. animal is imminently near death and cannot be cured or 1. li
rendered fit for service and the officer has made a rea- 2. I
828.02 Definition of"animal:'—In this chapter,and sonable and concerted, but unsuccessful, effort to lo- 3. I
in every law of the state relating to or in any way affect tate the owner, the owner's agent, or a veterinarian, 4.
ing animals, the word "animal"shall be held to include then such officer,acting in good faith and upon reason (b) r
everyliving dumb creature; the words "torture," "tor- able belief, may immediately destroy such animal by the cor
every and "cruelty" shall be held to include every shooting the animal or injecting it with a barbiturate the ten
omission, or neglect whereby unnecessary or unjusti act, drug. If the officer locates the owner or the owner's as hu
mu
able pain or suffering is caused, except when done in agent, he shall notify him of the animal's location and form eu
(2)
the interest of medical science,permitted,or allowed to condition.If the officer locates only a veterinarian,the of proved
fiveer shall destroy the animal only upon the advice of the formed
continue when there is reasonable remedy or relief;and
the words"owner"and"person"shall be held to include veterinarian.
corporations,and the knowledge and acts of agents and (4) No officer or veterinarian acting in good faith and iO'
employees of corporations in regard to animals trans- with due care pursuant to this section will be liable either tures, <
criminally or civilly for such act,nor will any civil or crimi- blockin
ported, owned, employed by or in the custodyof a cor- y
poration, shall be held to be the knowledge nd act of nal liability attach to the employer of the officer or veteri mer c
g Harlan, purpos
such corporation. mercia.
History.—s.10,ch.4971,1931;GS 3156;RGS 4982;CGL 7071;s.2,ch.86-179. (5) A court order is not necessary to carry out the (4)(a
provisions of this section. veterin
828.03 Agents of counties, societies, etc., mayHi.tory.—s,2,ch.4151,1893;G5 3159;RGS 4985;CGL 7074;S.1,ch.60-188:
prosecute violators.— s.t,cn.e4 105. tient it
(1) Any county or any society or association for the 828.055 Sodium pentobarbital; permits for use in thebtin-
prevention of cruelty to children or animals, organized euthanasia of domestic animals.—
timeunder the laws of this state,mayappoint d.
agents for the (1) The Board of Pharmacy shall adopt rules provid- death
purpose of investigating violations of any of the provi- ing for the issuance of permits authorizing the purchase, (5)
sions of this chapter or any other law of the state for the possession,and use of sodium pentobarbital and sodi- any vi;
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tr a _-
s j ,
i •
9 F.S. 1989 CRUELTY TO ANIMALS Ch.828 1
— - i
urn pentobarbital with lidocaine by county or municipal (6) Any person who violates the provisions of this
animal-control agencies or humane societies registered act is guilty of a misdemeanor of the first degree,punish- i
with the Secretary of State for the purpose of euthaniz- able as provided in s.775.082,s.775.083,or is.775.084. e
ing injured,sick,or abandoned domestic animals which History.-ss.2,3,4,5,6,7,8,9.ch.84-105.•
+Note.-Section 775.084 was amended by s.6,ch.88-131,deleting all reference
are in their lawful possession. The rules shall set forth to misdemean«s.
guidelines for the proper storage and handling of sodi-
um pentobarbital and sodium pentobarbital with lido- 828.073 Animals found in distress; when agent i
%r Caine and such other provisions as may be necessary may take charge;hearing;disposition;sale.— 1 I %11
d to ensure that the drugs are used solely for the purpose (1) The purpose of this section is to provide a means ; I
f set forth in this section. The rules shall also provide for by which a neglected or mistreated animal can be: II
an application fee not to exceed$50 and a biennial re- (a) Removed from its present custody, or • j'
r newel fee not to exceed $50. (b) Made the subject of an order to provide care,is- 0 j
i (2) Any county or municipal animal-control agency sued to its owner by the county court,any law enforce- 1 i j{ `
t or any humane society registered with the Secretary of ment officer,or any agent of the county or of any society
State may apply to the Department of Professional Reg- or association for the prevention of cruelty to animals ap-
ulation for a permit to purchase,possess,and use sodi pointed under s. 828.03,
urn pentobarbital or sodium pentobarbital with lidocaine I
pursuant to subsection (1). Upon certification by the and given protection and an appropriate and humane
board that the applicant meets the qualifications set disposition made.
forth in the rules, the department shall issue the permit. (2) Any law enforcement officer or any agent of any
(3) The board may revoke or suspend the permit county or of any society or association for the prevention
upon a determination that the permittee is using sodium of cruelty to animals appointed und-- the provisions of r
pentobarbital or sodium pentobarbital with lidocaine for s. 828.03 may:
any purpose other than that set forth in this section or (a) Lawfully take custody of any animal found ne-
if the permittee fails to follow the rules of the board re- glected or cruelly treated by removing the animal from
garding proper storage and handling. its present location, or ! '
History.—s.1,ch.79-346;s.35,ch.82-225;s.1,ch.87-398.
Note.—Former s.500.1518. (b) Order the owner of any animal found neglected
or cruelly treated to provide certain care to the animal
828.058 Euthanasia of dogs and cats.— at the owner's expense without removal of the animal
(1)(a) Sodium pentobarbital or a derivative of it shall from its present location, j .
be used as the preferred method for euthanasia of dogs
and cats by public or private animal shelters or other fa- and shall forthwith petition the county court judge of the
cilities which are operated for the collection and care of county wherein the animal is found for a hearing, to be
stray,neglected,abandoned,or unwanted animals.A le- set within 30 days after the date of seizure of the animal
that solution shall be used in the following order of pref- or issuance of the order to provide care and held not
erence: more than 15 days after the setting of such date,to de-
1. Intravenous injection by hypodermic needle; termine whether the owner, if known, is able to provide
2. Intraperitoneal injection by hypodermic needle; adequately for the animal and is fit to have custody of
3. Intracardial injection by hypodermic needle; or the animal. The hearing shall be concluded and the
4. Solution or powder added to food. court order entered thereon within 60 days after the date
(b) Notwithstanding any other section of this act to the hearing is commenced. No fee shall be charged for I f
the contrary, a substance or procedure which acts on the filing of the petition.Nothing herein is intended to re-
the central nervous system and is clinically proven to be quire court action for the taking into custody and making
as humane as sodium pentobarbital may be used to per- proper disposition of stray or abandoned animals as law-
form euthanasia on dogs or cats. fully performed by animal-control agents.
(2) A dog or cat may be tranquilized with an ap- (3) The officer or agent of any county or of any soci-
proved and humane substance before euthanasia is per- ety or association for the prevention of cruelty to animals
formed. taking charge of any animal pursuant to the provisions
(3) Succinylcholine chloride, curare, curariform mix- of this section shall have written notice servad, at least , W
tures, any substance which acts as a neuromuscular 5 days prior to the hearing set forth in subsection (2),
blocking agent,or a chamber which causes a change in upon the owner of the animal,if he is known and is resid-
body oxygen may not be used on a dog or cat for any ing in the county where the animal was taken, in con- ; i i
purpose, except that the use of a chamber using corn- formance with the provisions of chapter 48 relating to ij
mercially bottled carbon monoxide gas is permitted. service of process. The sheriff of the county shall not • ; I I
(4)(a) Euthanasia shall be performed by a licensed charge a fee for service of such notice. If the owner of I
veterinarian or a lay person who is humane and profi- the animal is known but is residing outside of the county
cient in the method used. wherein the animal was taken,notice of the hearing shall
(b) No dog or cat may be left unattended between be by publication in conformance with the provisions of : l'
the time euthanasia procedures are first begun and the chapter 49.
time death occurs,nor may its body be disposed of until (4)(a) The officer or agent of any county or of any so- +
death is confirmed by a qualified person. ciety or association for the prevention of cruelty to ani-
(5)
The state attorney may bring an action to enjoin mals taking charge of an animal as provided for in this
any violation of this act. section shall provide for the animal until either:
1'. I
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Ch.828
= ` CRUELTY TO ANIMALS
F.S. 1989 F
1. The owner is adjudged by the court to be able (f) The owner's past record of judgments un
to provide adequately for, and have custody of, the ani- provisions of this chapter.
a
mal, in which case the animal shall be returned to the der the '�
owner upon payment by the owner for the care and pro- ty to animals.
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(g) Convictions under the statutes prohibiting cruel_
tr
vision for the animal while in the agent's or officer's cus- �n
ma-
tody; or (h) Any other evidence the court considers to be 2. The animal is turned over to the officer or agent terial or relevant.
nd rea-
as provided in paragraph (c)and a humane disposition (6) If the evidence indicates a lack of p
of the animal is made. sonable care of the animal, the burden is on owner ; a
(b) If the court determines that the owner is able to to demonstrate by clear and convincing evidence that ! a:
provide adequately for,and have custody of,the animal, he is able and fit to have custody of and provide ade
the order shall provide that the animal in the possession quately for the animal.
of the officer or agent be claimed and removed bythefic
(7) In any case inonwhich an this animal is section, theed for e s
owner within 7 days after the date of the order. tion under the provisions of proceeds
(c) Upon the court's judgment that the owner of the shall be: I fa
animal is unable or unfit to adequately provide for the an- (a) Applied, first, to the cost of the sale. I ar
imal: (b) Applied, secondly, to the care and provision for i
1. The court shall order the animal to be sold by the the animal by the officer or agent of any county or of anyI a:
sheriff at public auction, and shall provide in its order a:
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that the current owner shall have no further custody of society or association for the prevention of cruelty to ani-taking charge.
the and that any not upon be reg
theanimal to and tchat animalof the not bidty for uponshall berPrevention (c) Applied, thirdly, to the payment of the;,;n�r,er for
mandedof Cruelty to Animals, the Humane Society, the centhe sale of the animal. g
or any agency or person the judge deems a �nd87 Sas d1.over 194o he court if the owner is not known. °'
to be disposed of as the agency or person sees fit; or n«r 5 2, 75-223;s 2,ch 76-102;s. �,.>&12;s_ ch.7�
appropriate,
2. The court may order the animal destroyed or re Penalty for exposing CC
manded directly to the custody of the Societyfor the 828 08 an p n substance
c never
leaves or depositsy poison or any substance contain-
Prevention of Cruelty to Animals, the Humane Society, ing poison, in any common street, alley, lane, or thor-
the county, or anyagencym
or person the judge deems oughfare of any kind, or in anysE
appropriate, to be disposed of as the agency or person than the yard or enclosure occupied or owned by such
sees fit,upon the testimonyof the agent who took custo- person, osure other fl
dy of the animal,or upon te testimony of other qualified gun punishable aguiltypovided misdemeanor
s.77 082 of or se775t083 at
witnesses, that the animal requires destruction or other s.66 ch.74 383;s.1,ch.75 24;s.41,ch.75 298. dl
disposition for humanitarian reasons or is of no COmmer- Hbtory s.8,ch.4971,1901;GS 3399;RGS5248;'7367;5945 cry 71_136, at
cial value. p'
If
3. Upon proof of costs incurred by the agent or offs- 828.12ACruelty to animals.— P
cer, the court may require that the owner pay for the drives, torments, deprives of necessary sustenance or o
(1) person who unnecessarily overloads, over-
care of the animal while in the custody of the agent or shelter, or unnecessarily or cruelly beats, mutilates, or c
•
officer. A separate hearing may be held. °
4. The court may order that other animals that are killsein orany aupon lany vehicle,auses or otherwise, any animasame to be done,or l in °
in the custody of the owner and that were not seized by a cruel or inhumane manner, is guilty of a misdemeanor t)
the officer or agent be turned over to the officer or agent, of the first degree, punishable as provided in s.775.082 s,
•
if the court determines that the owner is unable or unfit or by a fine of not more than$5,000, or both.
to adequately provide for the animals.The court may en- (2) (4
join the owner's further possession or custody of other infict intense pain,serious uphys cal injury,orupon
animals. res u,
the
(5) In determining the person's fitness to have cus- ishable aslp pis rovided ded iuilty on s.775.082f a felony fohby ar fine of not more w
tody of an animal under the provisions of this act, thePr
court may consider, among other matters: than$10,000, or both.
stay.—s.4,ch.4971,1�1:GS 3395;RGS 5244;CGL 7363:s.2,ch.70-50;
�If
s.4,ch.71-12;s.949,ch.71-138;s.1,ch.82-178;s.2 ch 89-194.
the animal and other witnesses as to the condition of the tc
(a) Testimony from the agent or officer who seized
animal when seized and as to the conditions underG
828.121 Conduct of simulated bullfighting exhibi-
tions.—It shall be unlawful,and punishable as a misde
(b) Testimony and evidence as to the veterinary care meaner,for any person to conduct or engage in a simu ac
which the animal was kept.
provided to the animal, fated or bloodless bullfighting exhibition.
(c) Testimony and evidence as to the type History.—s.3,ch.71.12.
amount of care provided to the animal. yP and
828.122 Fighting or baiting animals;offenses;pen- re
(d) Expert testimony as to the community standards alties.—
for proper and reasonable care of the same type of ani (1) This act may be cited as "The Animal Fighting
mal. hi
(e) Testimony from any witnesses as to prior treat- Act."(2) g g m
ment or condition of this or other animals in the same "Baiting" of
As used in this section:
custody. (a) means to attack with violence, to pro-
1
yoke, or to harass an animal with one or more animals ,or,
1312
S. 1988 F.S. 1983 _ CRUELTY TO ANIMALS Ch. 28
)der the for the purpose of training an animal for,or to cause an 828.125 Killing or aggravated abuse of registered
• animal to engage in,fights with or among other animals. breed horses or cattle;offenses;penalties.—Any other
g cruel- In addition,"baiting"means the use of live animals in the provisions of this chapter to the contrary notwithstand-
training of racing greyhounds. ing:
be ma- (b) "Person" means every natural person, firm, co- (1) Any person who willfully and unlawfully, by any
partnership, association, or corporation. means whatsoever, kills, maims, mutilates, or causes s t
tnd rea- (3) Any person who commits any of the following great bodily harm or permanent breeding disability to +
owner i acts is guilty of a felony of the third degree, punishable 'any animal of any registered breed of the genus Equus
ce that ' as provided in s. 775.082, s. 775.083, or s. 775.084: (horse) or genus Bos(cattle), or any recognized regis-
:e ade- (a) Baiting, or using any animal for the purpose of tered hybrid of the specified genera, shall be guilty of a
fighting or baiting any other animal. felony of the second degree,punishable as provided by
`or auc- (b) Knowingly owning, managing, or operating any S. 775.082, s. 775.083, or s. 775.084. t
oceeds facility kept or used for the purpose of fighting or baiting (2) Any person who individually attempts or solicits, ,,i
' any animal. or jointly agrees, conspires, combines, or confederates I ,
(c) Promoting, staging, advertising,or charging any with another person to commit, any act prohibited by ` €
lion for subsection(1)and does an act in furtherance of said at- I
of any admission fee to a fight or baiting between two or more
animals. tempt,solicitation,or conspiracy shall be guilty of a felo-
to ani- (4) Any person who willfully commits any of the fol- ny of the second degree and is punishable as if the per .;c
son orpersons had actuallycommitted such prohibited ` j ,
lowing acts is guilty of a misdemeanor of the first de- ! !
ner for act as enumerated in subsection (1), notwithstanding
gree, punishable as provided in s. 775.082, s. 775.083, f
or 's. 775.084: any provisions found ins.777.04.Nothing in this subsec- + `
mown, (a) Betting or wagering any money or other valuable tion shall be construed to prohibit separate convictions
'9-234;s.
consideration on the fighting or baiting of animals; or and sentences for a violation of t:!Li'i 11',;IC, and any ',
violation of subsection (1).
(b) Attending the fighting or baiting of animals. ,, t
loever (3) Any person who verbally or in writing threatens • li '
(5) Whenever an indictment is returned or an infor- ':,
Dntain- to commit any act prohibited by subsection(1)and has , N
mation is filed charging a violation of s.828.12 or of this
1r thor- the apparent ability to carry out such threat and places
other section and, in the case of an information, a magistrate the owner or custodian of said animal in fear that such
finds probable cause that a violation has occurred, the i
y such court shall order the animals seized and held until final an act as described in subsection (1) is about to take
-st de- place shall be guilty of a felony of the third degree,pun-
5.083. disposition of the charges and shall provide for appropri- ishable as provided by s. 775.082, s. 775.083 or s.
71-136; ate and humane care or disposition of the animals.This 775.084.
provision shall not be construed as a limitation on the (4) In addition to any other fines or penalties author •
-
power to seize animals as evidence at the time of arrest. ized by law,a person found guilty of violating any provi-
If the animal is unable to survive humanely the final dis- sion of subsection(1), subsection (2), or subsection(3)
over position of the charges,the court mayorder termination
ice or g may be ordered by the court to make restitution to the
es, or of the animal's life. Upon conviction of the persons aggrieved party in an amount not to exceed twice the
r car charged,the animals involved shall become the proper- gross fair market value of the said Equus or Bos killed
nal in ty of the state,and the court shall order a humane dispo- or abused in an aggravated manner, or up to twice the
eanor sition of them. gross loss caused,whichever is greater,plus attorney's
-5082 (6) The provisions of subsection (3) and paragraph fees and any and all related costs.Upon notice the court
(4)(b) shall not apply to: shall hold a hearing to determine the amount of fines,
ant to (a) Any person simulating a fight for the purpose of restitution,or costs to be imposed under this section, if
upon using the simulated fight as part of a motion picture not agreed upon by the parties.
pun- which will be used on television or in a motion picture, (5) This section shall not be construed to abridge,
more provided s. 828.12 is not violated. impede, prohibit, or otherwise interfere in any way with ,
(b) Any person using animals to pursue or take wild- the application, implementation, or conduct of recog-
70-5: life or to participate in any hunting regulated or subject nized livestock husbandry practices or techniques by or
to being regulated by the rules and regulations of the at the direction of the owner of the livestock so hus-
:hibi- Game and Fresh Water Fish Commission. banded. 1
c Anperson using animals to work livestock for 'History.—s.1,ch."any 86-14. by
isde- O Y 9 Noce.—The words"any animal orwere inserted the editors.
;imu- agricultural purposes.
(d) Any person violating s. 828.121. 828.13 Confinement of animals without sufficient i
(e) Any person using animals to hunt wild hogs or to food,water, or exercise;abandonment of animals.— ,
retrieve domestic hogs, (1) As used in this section: l i
Pen- (7) Nothing in this section shall be construed to pro- (a) "Abandon"means to forsake an animal entirely or
hibit,impede,or otherwise interfere with recognized ani- to neglect or refuse to provide or perform the legal obli-
iting mal husbandry and training techniques or practices not gations for care and support of an animal by its owner.
otherwise specifically prohibited by law. (b) "Owner"includes any owner, custodian,or other il
History,—ss.1,2,ch.76-59:s.1,ch.81-224;s.2,ch.82-116;s.1,ch.85-289; person in charge of an animal.
pro- ss.1,3,ch.86-179. I j
'Note.—Section 775.084 was amended by s.6,ch.88-131,deleting all reference (2) Whoever:
nalS to misdemeanors.
(a) Impounds or confines any animal in any place 1
1313
1:
ivy_
Ch. 828 :RUELTY TO ANIMALS 1
F.S. 11eS F�
and fails to supply the animal during such confinement (1) It is unlawful for any person to dye or color arm. (1)
with a sufficient quantity of good and wholesome food to rah.
•
and water, ;ure
cially any animal or fowl,including but not limited
bits,baby chickens,and ducklings,or to bring any dyed (2)
poral
(b) Keeps any animals in any enclosure without or colored animal or fowl into this state.
�vh
wholesome exercise and change of air, or (2) It is unlawful for any person to sell,offer fors (3)
(c) Abandons to die any animal that is maimed,sick, or give away as merchandising premiums, babyale'
infirm, or diseased, e
ens, ducklings, or other fowl under 4 weeks of age or gag
rabbits under 2 months of age to be used as pets,toys (4`
is guilty of a misdemeanor of the first degree,punishable
as provided in s. 775.082 or by a fine of not more than or retail premiums. horn
$5,000,or by both imprisonment and a fine,or as provid (3) This section shall not be construed to apply to or m
ed in is. 775.084. any animal or fowl, including but not limited to rabbits, mea'
(3) Any person who is the owner or possessor, or baby chickens, and ducklings to be used or raised for (5
has charge or custody, of any animal who abandons agricultural purposes by persons with proper facilities to nes
care for them or for poultry or livestock exhibitions. mea
such animal to suffer injury or malnutrition or abandons
any animal in a street,road,or public place without pro-
p,(4) Any person violating the provisions of this sec- or c
viding for the care, sustenance, protection, and shelter tion shall, upon conviction, be guilty of a misdemeanor ro
of such animal is guilty of a misdemeanor of the first de- of the second degree, punishable as provided in s. ! (6o
gree, punishable as provided in s. 775.082 or by a fine 775.082 or s. 775.083. falai
of not more than $5,000, or by both imprisonment and History.—s.1,ch.67-m:s.953,ch.71_136. Ope
Con
a fine, or as provided in 's. 775.084. con
History.—ss.2,4,ch.3921,1669;RS 2510;GS 3396;RGS 5245:CGL 7364;s. 828.17 Officer to arrest without warrant.—Any ten
950,ch.71-136;s.1,ch.81-17;s.3,ch.82-116. sheriff or any other peace officer of the state,or any pc.. slot
'Note.—Section 775.084 was amended by s.6,ch.88-131,deleting all reference lice officer of any cityor townf the state, shall arrest
to misdemeanors. o
�-
without warrant any person found violating any of the tE
F 828.14 Water and food for stock on trains,vessels, provisions of 1ss. 828.04, 828.08, 828.12, and 828.13- sibs
•
etc.— 828.16, and the officer making the arrest shall hold the rile<
(1) No person or corporation, or agent of either, en- offender until a warrant can be procured, and he shall led
gaged in transporting livestock on railway trains or on use proper diligence to procure such warrant. (t
steam or sailing vessels,or otherwise,shall detain such 1953;History.—s.
ch 73334 971'1901:GS 3401;RGS 5250;CGL 73�;s.1,ch.28360 of a
stock for a longer continuous period than 28 hours after 'NoteSection 828.04 was transferred to s.827.03 by s.49,ch.74-363. cof'
the same are so placed without supplying the same with mu
necessary food, water, and attention, or shall permit 828.22 Humane slaughter requirement.— art
them to be crowded so as to overlie, crush, wound, or (1) The Legislature of this state finds that the use of "
kill each other;and any person or agent as aforesaid vio humane methods in the slaughter of livestock prevents
•
lalling the provisions of this section shall be guilty of a needless suffering, results in safer and better working
misdemeanor of the second degree, punishable as pro- conditions for persons engaged in the slaughtering in-
vided in s.775.082 or s.775.083,and any corporation vi- dustry, brings about improvement of products and sh
•
olating the provisions of this section shall be guilty of a economy in slaughtering operations,and produces oth- sit
misdemeanor of the second degree,punishable as pro- er benefits for producers, processors, and consumers jur
vided in s. 775.083. which tend to expedite the orderly flow of livestock and
•
(2) Nothing in this section shall apply to owners,offi their products. sl
cers, or crew of water craft detained on the navigable (2) It is therefore declared to be the policy of this m
waters of this state by storms and prevented by bad state to require that the slaughter of all livestock and the
handling of livestock in connection with slaughter shall
weather from reaching port. pt
History.—s.6,ch.4971,1901;GS 3397;RGS 5246;CGL 7365;s-951.ch.71-136. be carried out only by humane methods and to provide st
that methods of slaughter shall conform generally to ha
828.16 Contagious diseases.—Whoever,being the those employed in other states where humane slaughter
owner,or having the charge of any animal,knowing the is required by law and to those authorized by the Feder-
same to have any contagious or infectious disease, or al Humane Slaughter Act of 1958,and regulations there- g
to have been recently exposed thereto,sells,barters,or under. I
disposes of such animal without first disclosing to the (3) Nothing in this act shall be construed to prohibit, e-
person to whom the same is sold,bartered,or disposed abridge, or in any way hinder the religious freedom of f
• of, that such animal is so diseased, or has been ex- any person or group. Notwithstanding any other prow- s
posed, as aforesaid, or knowingly permits such animal sion of this act, in order to protect freedom of religion, t`
to run at large, or kno.ving such animal to be diseased ritual slaughter and the handling or other preparation of a
as aforesaid, knowingly allows the same to come into livestock for ritual slaughter are exempted from the L
contact with any such animal of another person without terms of this act.For the purposes of this action the term tt
his knowledge or permission, shall be guilty of a misde- "ritual slaughter"means slaughter in accordance with s. a
meanor of the second degree, punishable as provided 828.23(7)(b).
in s. 775.082 or s. 775.083. History.—s.1,ch.61-254. r
History.—s.9,ch.4971,1901;GS 3400;RGS 5249;CGL 7368;s.952,ch.71_136
828.23 Definitions.—As used in ss. 828.22 to
828.161 Prohibiting artificial coloring and sale of 828.26,the following words shall have the meaning indi
certain animals and fowls; construction.— cated:
r 1314
s,
'.S. 198g F.S. 1983 CRUELTY TO ANIMALS
Ch.828
)lor artifi- (1) "Department"means the Department of Agricul- ises of any slaughterer for the purposes of verifying con-i-
d to rab- ture and Consumer Services. pliance or noncompliance with the provisions of this act.
1ny dyed (2) "Person" means any individual, partnership, cor- (3) As soon as practicable after October 1, 1961,an
poration, or association doing business in this state, in inspection shall be made of the premises of each
for sale, whole or in part.
1y chick- (3) Slaughterer" means anyyslaughterer. Additional inspections shall be made not
f age or gaged in the commercial slaugtering of livestocrk, en- less frequently than quarterly. No fee shall be charged
sts, toys (4) "Livestock" means cattle, calves, shee swine, for inspection.
History.—s.
horses, mules, goats, and any other animal which can s.1:on.61-z5a;is.,a.35,ch. tos
apply to or may be used in and for the preparation of meat or 828.26 Penalty.—
rabbits, meat products. (1) No slaughterer found by the department in ac-
used for (5) "Packer"means any person engaged in the busi- cordance with the above not to be in compliance with
;ilities to ness of slaughtering, or of manufacturing or preparing the provisions of this act shall sell any meat or meat
ons. meat or meat products for sale, either by such person products to any public agency in the state,or to any in-
his sec- or others; or of manufacturing or preparing livestock stitution supported by state,county,or municipal funds.
meanor products for sale by such person or others. Failure to comply with this provision shall be a misde-
Id in s. (6) "Stockyard" means any place, establishment, or meanor of the second degree, punishable as provided
facility commonly known as a stockyard, conducted or in s. 775.083.
operated for compensation or profit as a public market, (2) Upon failure to be in compliance with the provi-
consisting of pens,or other enclosures,and their appur- sions of this act after a period of 1 year from the date
.—Any tenances,for the handling, keeping,and holding of live- of the first inspection required under s. 828.25, the de-
any pc- stock for the purpose of sale or shipment.
I arrest partment shall direct the slaughterer to cal;•shtlghter-
of the (7) "Humane method" means either: ing livestock. Failure to comply witri t;r I
(a) A method whereby the animal is rendered insen- p . npunishable as
328.13- sible to pain by mechanical,electrical,chemical,or other ber a misdemeanor of the second degree, arate of-
old the means that are rapid and effective, before beingshack- provided lan s. d7ay.of c, and constituting a separate s
1e shall led, hoisted, thrown, cast, or cut; or fense for each day of continued slaughtering operations
beyond the first week following mailing of such directive
ch. (b) A method in accordance with ritual requirements to the slaughterer by the department.
of any religious faith whereby the animal suffers loss of History.—s.1,ch.61-254;ss.14,35,ch.ca-106;s.958,ch.71-136.
38 consciousness by anemia of the brain caused by the si-
multaneous and instantaneous severance of the carotid 828.27 Local animal control or cruelty ordinances;
arteries with a sharp instrument. penalty.—
use of History.—s.1,ch.61-254;ss.14,35,ch.69-106;s.282,ch.71-377 (1) 'As used in this section,'the term:
events
vorkin
even g 828.24 Prohibited acts;exemption.— (a) "Animal" means any living dumb creature.
ing in- (1) No slaughterer, packer, or stockyard operator (b) 'Animal control officer' means any person em-
s and shall shackle,hoist,or otherwise bring
livestock into o- p14Yed or appointed by a county or municipality who is
S 0th• sition for slaughter,by any method which shall cause in- authorized to investigate,on public or private property,
umers jury or pain. civil infractions relating to animal control or cruelty and
•
k and (2) No slaughterer, packer, or stockyard operator to issue citations as provided in this section. An animal
control officer is not authorized to bear arms or make ar-
shall bleed or slaughter any livestock except by a hu-
of this mane method. rests.
nd the (3) This act shall not apply to any person,firm or cor (c) "Control"means the regulation of the possession,
r shall poration slaughtering or processing for sale within the ownership, care, and custody of animals.
(d) "Cruelty"means any act of neglect,torture,or tor-
•
ally
state not more than 20 head of cattle nor more than 35
ally to head of hogs per week. meet that causes unjustifiable pain or suffering of an ani j
ighter History.—s.1,ch.61-254;ss.14,35.ch.69-106.s.241,ch.77-104. mal.
seder (e) "Officer"means any law enforcement officer de-
-
828.25 Administration; rules and regulations; in- fined in s. 943.10 or any animal control officer.
spection;fees.— ,
(f) "Citation"means a written notice,issued to a peg-
ohibit, (1) The department shall administer the provisions son by an officer, that the officer has probable cause to _
om of of this act.It shall promulgate and may from time to time believe that the person has committed a civil infraction i
revise rules and regulations which shall conform sub- in violation of a duly enacted ordinance and that the
provi- stantially to the rules and regulations promulgated by county court will hear the charge.The citation shall con-
igion, the Secretary of Agriculture of the 'Jnited States pursu- tale:
on of ant to the Federal Humane Slaughter Act of 1958, Pub. 1. The date and time of issuance.
n the L.No.85-765,72 Stat.862,and any amendments there- 2. The name and address of the person. if
:term
pith s.m to;provided,however,that the use of a manually operat- 3. The date and time the civil infraction was corn-
ed hammer, sledge or poleax is declared to be an inhu- mitted.
mane method of slaughter within the meaning of this 4. The facts constituting probable cause. ;
t.
act.
2 to (2) The department mayappoint5. The ordinance violated.
p any member of its 6. The name and authority of the officer.
I indi- staff as an official inspector for the purposes of this act. 7. The procedure for the '
Such inspector shall have the power to enter the prem- to pay the civil penalty or to contest the fcitation. order i
1315 iI
ill II
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1
Ch.828 _ CRUELTY TO ANIMALS F.S.10
8. The applicable civil penalty if the person elects ards training course. Such course shall include, but is
to contest the citation. not limited to,training for:animal cruelty investigations,
9. The applicable civil penalty if the person elects search and seizure,animal handling,courtroom demea
not to contest the citation. nor, and civil citations. The course curriculum must be
10. A conspicuous statement that if the person fails approved by the Florida Animal Control Association An
to pay the civil penalty within the time allowed, or fails animal control officer who successfully completes such
to appear in court to contest the citation, he shall be course shall be issued a certificate indicating that he
deemed to have waived his right to contest the citation has received a passing grade.
and that, in such case, judgment may be entered 2. Any animal control officer who is authorized prior
against the person for an amount up to the maximum to January 1, 1990, by a county or municipality to issue
civil penalty. citations is not required to complete the minimum stand-
(g) "Ordinance"means any ordinance relating to the ards training course.
control of or crueltyto animals enacted bythe governing
(b) The governing body of a county or municipali
body of a county or municipality 2the violation of which may impose and collect a surcharge of up to$2 upon
is a civil infraction. each civil penalty imposed for violation of an ordinance
(2) The governing body of a county or municipality relating to animal control or cruelty.The proceeds from
is authorized to enact ordinances relatingto animal con- such surcharges shall be used to pay the costs of the
trol or cruelty, which ordinances shall provide: 40-hour minimum standards training course for animal
(a) That a violation of such an ordinance is a civil in- control officers.
fraction. (4) Any person who wi' '!• 7 to sign and ac-
(b) A maximum civil penalty not to exceed$500. cept a citation issued shall be guilty of a
(c) A civil penalty of less than the maximum civil pen- misdemeanor of the second degree,punishable as pro-
alty if the person who has committed the civil infraction vided by s.775.082, s. 775.083, or 4s. 775.084.
does not contest the citation. (5) Nothing contained in this section shall prevent
(d) For the issuance of a citation by an officer who any county or municipality from enacting any ordinance
has probable cause to believe that a person has commit- relating to animal control or cruelty which is identical to
ted an act in violation of an ordinance. the provisions of this chapter or any other state law,ex-
(e) For the contesting of a citation in the county cept as to penalty. However, no county or municipal or-
court. dinance relating to animal control or cruelty shall conflict
(f) Such procedures and provisions Sas are neces- with the provisions of this chapter or any other state law.
sary to implement any ordinances enacted under the au- Hlstory.—s.1,ch.88-96;s.1,ch.89-108.
thority Of this section. 'Note.—The words'As used'and'the term'were inserted by the editors.
3 a . Count Mote.—The words'the violation of which'were substituted by-the editors for the
( )( )1 y-employed animal control officers word'that."
shall, and municipally employed animal control officers The wads'as a e'were inserted by the editors.
Note.— 776A8rtwas amended by s.6,ch.88-131,deleting all reference
may, successfully complete a 40-hour minimum stand- to misdemeanors.
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