§ 5-24. Euthanasia of injured and diseased animals, impounded animals, and abandoned animals.

(a)

Legislative intent. Some animals suffer so greatly from illness, injury, or neglect that human compassion calls for their immediate euthanasia. In addition, some animals become infected with dangerous transmissible diseases that pose a risk to the residents of Miami-Dade County. In addition, the Department maintains an animal shelter where it houses animals that have been impounded pursuant to law and that, in many cases, either possess no evidence of ownership, or have been abandoned by their owners. Some of those animals also suffer greatly from illness, injury, disease, or neglect. The Board of County Commissioners hereby finds that public necessity, human compassion, and the protection of the health, safety, and welfare of the people and animals of Miami-Dade County require the enactment of the following regulations to govern the humane euthanasia of animals.

(b)

Methods of euthanasia. Animals shall be euthanized only in accordance with the following procedures, unless provided otherwise in this section.

(1)

Sodium pentobarbital, a sodium pentobarbital derivative, or other agent the Board of Veterinary Medicine may approve by rule, shall be the only methods used for euthanasia. A lethal solution shall be used in the following order of preference:

(i)

Intravenous injection by hypodermic needle.

(ii)

Intraperitoneal injection by hypodermic needle.

(iii)

Intracardial injection by hypodermic needle if the animal is unconscious.

(iv)

Solution or powder added to food.

Before euthanasia is performed, an animal may be tranquilized with a humane substance approved by Board of Veterinary Medicine.

(2)

Succinylcholine chloride, curare, curariform mixtures, any substance which acts as a neuromuscular blocking agent, or a chamber which causes a change in body oxygen, except a chamber that uses commercially bottled carbon monoxide gas, may not be used on an animal for any purpose. However, whenever an emergency situation exists which requires the immediate euthanasia of an injured, diseased, or dangerous animal, a law enforcement officer, a veterinarian, a certified euthanasia technician, or an Animal Control Officer may humanely euthanize the animal as provided in subsection (a) above.

(3)

Euthanasia shall be performed only by a licensed veterinarian or certified euthanasia technician.

(4)

Euthanasia shall be performed in a humane and proficient manner.

(5)

No animal may be left unattended between the time euthanasia procedures are first begun and the time death occurs, nor may its body be disposed of until death is confirmed by a licensed veterinarian or certified euthanasia technician.

(c)

Euthanasia of animals impounded by the Department. An animal impounded by the Department pursuant to Section 5-18 of this chapter may be humanely euthanized in accordance with this section after the minimum period of confinement has expired.

(1)

Prior to the euthanasia of any animal pursuant to this section, the Director or designee will make reasonable efforts to review the official reports of missing animals that were filed with the Department in the fourteen days preceding the proposed date of euthanasia. If a pertinent report is discovered, the Director or designee will make reasonable efforts to notify the person(s) listed on the official missing animal report of the impoundment and proposed euthanasia of the animal. If the animal is not redeemed in accordance with Section 5-18 of this chapter within five (5) days of notification, the Department may proceed with the euthanasia.

(2)

The Department may euthanize an animal without regard to any minimum period of confinement when the animal has been voluntarily surrendered to the Department by the owner or when all of the following three (3) conditions are met:

(i)

The animal does not bear a Miami-Dade County license tag or other evidence of its owner's identity, or the Department has been unable to contact the owner after making reasonable efforts.

(ii)

The animal is certified in writing by a Florida-licensed veterinarian or certified euthanasia technician either: to be suffering from, or afflicted with, a contagious, infectious or communicable disease which is proclaimed in a validly promulgated regulation of the Director to be of a dangerous and transmissible nature; or to be manifesting symptoms of debilitating pain and is certified to be suffering from disease, injury, or extreme neglect. Certification shall be accomplished prior to the euthanasia of the animal and shall include the date and time of examination and certification. All such certifications shall be public records open to the public inspection in accordance with law.

(iii)

The euthanasia of the animal is recommended in writing by the Director, a veterinarian, or a certified euthanasia technician.

(3)

The Director or designee is authorized to order the immediate euthanasia of any animal within the Department's custody when the owner authorizes such euthanasia. The Department shall maintain a written record of the names and addresses of persons delivering animals to the Department's custody and of persons authorizing the euthanasia of their animals. This record shall include a description of all such animals. Nothing herein shall prohibit the Department from treating, or seeking treatment for, animals within the Department's custody.

(d)

Immediate euthanasia of an injured or diseased domestic animal.

(1)

The purpose of this section is to provide a swift and merciful means whereby domestic animals which are suffering from disease, injury, or extreme neglect may be euthanized without unconscionable delay and in a humane and proficient manner.

(2)

The term "officer" as used in this section means any law enforcement officer, any veterinarian, any certified euthanasia technician, any animal control officer, or the Director.

(3)

Whenever any domestic animal is so injured or diseased as to be in a suffering condition, and it reasonably appears to an officer that such animal is imminently near death and the officer has made a reasonable and concerted, but unsuccessful, effort to locate the responsible party or a veterinarian, then such officer, acting in good faith and upon reasonable belief, may immediately euthanize such animal by shooting the animal or injecting it with a barbiturate drug. If the officer locates the responsible party, the officer shall notify the responsible party of the animal's location and condition. If the officer locates only a veterinarian, the officer shall euthanize the animal only upon the advice of the veterinarian.

(4)

This section does not prohibit a responsible party from euthanizing his/her own domestic animal in a humane and proficient manner when the conditions described in this section exist.

(5)

No officer or veterinarian acting in good faith and with due care pursuant to this section shall be liable either criminally or civilly for such act, nor shall any civil or criminal liability attach to the employer of the officer or veterinarian.

(6)

A court order shall not be necessary to carry out the provisions of this section.

(Ord. No. 08-10, § 3, 1-22-08)