§ 5-46. Cruelty to animals.

(a)

Pursuant to F.S. § 828.12, as may be amended, cruelty to animals is a criminal offense. The division shall investigate reported incidents involving cruelty to animals or support investigations by other enforcement agencies when so requested and refer cases where probable cause exists to the state attorney's office for criminal prosecution.

(b)

The following acts or omissions shall constitute cruelty to animals under this article:

(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 other pet animal.

(c)

Pursuant to F.S. § 828.13, as may be amended, 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 refer cases where probable cause exists to the state attorney's office for 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 F.S. § 828.122, as may be amended, 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 refer cases where probable cause exists to the state attorney's office for criminal prosecution.

(g)

The following acts or omissions shall constitute improper fighting or baiting under this article:

(1)

Baiting, breeding, training, transporting, selling, owning, possessing, or using any wild or domestic animal for the purpose of animal fighting or baiting;

(2)

Owning, possessing, or selling equipment for use in animal fighting or baiting;

(3)

Owning, leasing, managing, operating, or having control of any property kept or used for animal fighting or baiting;

(4)

Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two (2) or more animals;

(5)

Performing any service or act to facilitate animal fighting or baiting, including, but not limited to, providing security, refereeing, or handling or transporting animals or being a stakeholder of any money wagered on animal fighting or baiting;

(6)

Betting or wagering any money or other valuable consideration on the fighting or baiting of animals;

(7)

Attending the fighting or baiting of animals.

(h)

These provisions shall not apply to any person:

(1)

Simulating a fight for the purpose of using the simulated fight as part of a motion picture that will be used on television or in a motion picture.

(2)

Using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the Florida Fish and Wildlife Conservation Commission.

(3)

Using animals to work livestock for agricultural purposes.

(4)

Simulating bloodless bullfighting; or

(5)

Using animals to hunt wild hogs or retrieve domestic hogs.

(i)

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. 91-8, § 22, 4-2-91; Ord. No. 95-32, § 19, 9-26-95; Ord. No. 2005-07 , § 20, 7-12-05)