§ 5-4. Cruelty to animals.

(a)

Legislative intent. It is the intent of the Board of County Commissioners of Miami-Dade County, Florida, to provide an orderly and consolidated procedure wherein cruelty to animals may be corrected and the animals protected.

(b)

Acts deemed cruelty to animals. It shall be unlawful to commit any act that constitutes cruelty to animals. The following acts shall be deemed cruelty to animals (see Sections 828.12, 828.13 and 828.16, Florida Statutes):

(1)

To torture, torment, mutilate, kill, or unnecessarily overdrive any animal or to cause the same to be done.

(1.1)

To engage in animal fighting, including, without limitation, dog fighting or cock fighting. For purposes of this section, to be engaged in animal fighting means to instigate, promote, assist, hold, manage, stage, conduct, be employed in connection with, be present for the preparation of, provide an animal for, allow one's own real or personal property to be used for, gamble on, be a spectator at, or profit from an exhibition, contest, or event featuring the fighting of an animal with another animal during which an animal may be injured, maimed, or killed.

(1.2)

To willfully and unlawfully, by any means whatsoever, kill, maim, mutilate, or cause great bodily harm or permanent breeding disability to any animal of the genus Equus (horse). A violation of this sub-section presents a serious threat to the public health, safety, and welfare. The Board of County Commissioners has determined that a violation of this sub-section causes irreparable or irreversible harm, and as such, a violation of this sub-section shall be prosecuted to the fullest extent and in accordance with the highest civil penalties and maximum sentence afforded by law.

(2)

To intentionally commit an act to any animal which results in the cruel death of the animal, or the excessive or repeated infliction of unnecessary pain or suffering to the animal, or to cause the same to be done.

Note— Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.

(3)

To deprive an animal, whether by neglect or refusal, of any of the following forms of necessary sustenance: food and water that is of sufficient quantity and nutritive value to meet the minimal daily requirements for the condition and size of the animal as set forth by the commercial food industry or by a licensed veterinarian; food and water that is free of contaminants and vermin and insect infestation; and proper medical attention for any illness, injury, infection, skin disorder, and internal or external parasite. Feeding a cow on feed that produces impure or unwholesome milk shall be deemed to be a violation of this section.

(4)

To deprive an animal of shelter.

(5)

To impound or confine an animal in any place and during such confinement: to fail to supply the animal with a sufficient quantity of good and wholesome food and water; to fail to provide the animal with wholesome exercise and change of air; to keep the animal in an enclosure that does not permit the animal to make normal postural movements; to keep the animal in an enclosure that contains excess excreta. Enclosing an animal in a vehicle without adequate ventilation shall be deemed to be a violation of this provision.

(6)

For a responsible party to abandon an animal in a street or other public place, or to abandon an animal if it is maimed, infirm, or diseased. For purposes of this section, "abandon" means to forsake an animal for which one is responsible without providing for its care, necessary sustenance, protection, and shelter.

(7)

If an animal is known to have or to have been exposed to a contagious or infectious disease: to transfer possession of such animal without first disclosing the condition of the animal to the person to whom the animal is transferred; to knowingly permit such animal to run at large; or to knowingly permit such animal to come into contact with any animal of another person without the other person's knowledge or permission.

(8)

To transfer or offer to transfer ownership of any live animal as a prize in any game, drawing, sweepstakes or other promotion.

(9)

To intentionally trip, fell, rope, or lasso the legs of a horse by any means for the purpose of entertainment or sport. As used in this subsection, "trip" means any act that consists of the use of any wire, pole, stick, rope, or other apparatus to cause a horse to fall or lose its balance, and "horse" means any animal of any registered breed of the genus Equus, or any recognized hybrid thereof. The provisions of this subsection shall not apply when tripping is used:

(i)

To control a horse that is posing an immediate threat to other livestock or human beings;

(ii)

For the purpose of identifying ownership of the horse when its ownership is unknown; or

(iii)

For the purpose of administering veterinary care to the horse.

(10)

To knowingly engage in any sexual conduct or sexual contact with an animal; or to knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal; or to knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under one's charge or control; or to knowingly engage in organizing, promoting, conducting, advertising, aiding, abetting, participating in as an observer, or performing any service in the furtherance of an act involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose; or to knowingly photograph or film, for the purposes of sexual gratification, a person engaged in any sexual conduct or sexual contact with an animal, or sell or transmit such a photograph or film. For purposes of this section: "sexual conduct" means any touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal for the purpose of sexual gratification or arousal of the person; "sexual contact" means any contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of an animal, or any penetration, however slight, of any part of the body of the person into the sex organ or anus of an animal, or any penetration of the sex organ or anus of the person into the mouth of the animal, for the purpose of sexual gratification or sexual arousal of the person; "photograph" or "film" means the making of a photograph, motion picture film, videotape, digital image, or any other visual recording. This subsection does not apply to accepted animal husbandry practices, conformation judging practices, or accepted veterinary medical practices.

(c)

Enforcement.

(1)

Whenever any person complains of cruelty to animals or upon independent observation of an Animal Control Officer, an Animal Control Officer will attempt to ascertain and investigate whether the facts alleged in the complaint or observation constitute an act of cruelty to animals. Nothing contained herein shall authorize an Animal Control Officer to enter upon private property without consent of the property owner or without a valid warrant where such warrant is required; provided, however, that an Animal Control Officer or law enforcement officer may take custody of a neglected or mistreated animal as provided in Section 828.073, Florida Statutes.

(2)

If the Animal Control Officer has reason to believe, subsequent to his investigation, that an act of cruelty to animals may have been committed, the Department will immediately institute appropriate proceedings against the person responsible for the act of cruelty, issue the appropriate civil violation notice, and/or, where appropriate, seek custody of the animal as provided in Section 828.073, Florida Statutes. Nothing herein contained shall restrict a private citizen from instituting an appropriate proceeding pursuant to the Florida Statutes. Nothing contained in this section shall restrict enforcement by criminal penalty pursuant to Chapter 828, Florida Statutes.

(3)

Notwithstanding the provisions of Section 8CC-4 governing the penalties for repeat or continuing violations, for enforcement by civil penalty in accordance with Chapter 8CC of this code, a second violation of this section shall carry a civil penalty of 2.5 times the penalty listed in Section 8CC-10, a third violation shall carry a civil penalty of 3 times the listed penalty, and each subsequent violation shall carry a civil penalty of 3.5 times the listed penalty.

(Ord. No. 08-10, § 1, 1-22-08; Ord. No. 12-77, § 1, 10-2-12; Ord. No. 13-85, § 1, 9-17-13; Ord. No. 13-52, § 1, 6-4-13; Ord. No. 15-117, § 1, 10-6-15)