It shall be deemed a violation of this section for any person to do any of the following:
(A) Mistreat, neglect, overdrive, overload, drive when overloaded, overwork, intentionally wound, intentionally attempt to injure, cruelly beat, torture, torment, mutilate, needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhumane manner, any animal; or cause any of these acts to be done. Two hundred and fifty dollars first offense, second or subsequent violation, mandatory court appearance.
(B) Fail to provide any animal in his charge or custody with sufficient food, water, care, sustenance, grooming, hygiene, shelter from the elements, necessary competent veterinary care or neglect or cause any of these acts to be done. Water shall be accessible at all times except when dictated by hibernation, veterinary treatment, normal fasts or other professionally accepted practices. Water and receptacles shall be kept out of direct sunlight, and kept clean and sanitary. Two hundred and fifty dollars first offense, second or subsequent violation, mandatory court appearance.
(C) Fail to provide an animal with shelter from the elements. Two hundred and fifty dollars first offense, second or subsequent violation, mandatory court appearance.
(D) Confine any animal to its own excreta when the amount of excreta that can be reasonably produced by that species in a 12-hour period has been exceeded, and or the animal does not have the ability to stand, sit, or lay down without being in it, when the animal is confined by pen or is tethered. Two hundred and fifty dollars first offense, second or subsequent violation, mandatory court appearance.
(E) Abandon, abandon with custodian, abandon at shelter, abandon in public, and or abandon an injured animal, or cause this act to be done. Two hundred and fifty dollars first offense, second or subsequent violation, mandatory court appearance.
(F) Cause, instigate or encourage any dog or other animal to fight another of its own species or another of a different species. Five hundred dollars first offense, second or subsequent violation, mandatory court appearance.
(G) Maintain any place where fowl or any animals are kept, trained, permitted, or encouraged to fight, including, but not limited to, for exhibition, or for sport or wager. Five hundred dollars first offense, second or subsequent violation, mandatory court appearance.
(H) Possess paraphernalia known to be used for training, baiting, or fighting, or any cage/structure/arena for the purpose of confining an animal to fight. Five hundred dollars first offense, second or subsequent violation, mandatory court appearance.
(I) Possess fowl or animals that have been altered, groomed, or modified in a manner consistent with known techniques used for gaming or, injuries or scarring consistent with gaming activity. All or any part of shall constitute a rebuttal presumption that said fowl or animal is being utilized for said purposes. Five hundred dollars first offense, second or subsequent violation, mandatory court appearance.
(J) Any person who leaves or deposits any poison or any substance containing poison in any common park, street, alley, lane, or thoroughfare of any kind, or yard or enclosure other than the yard or enclosure occupied or owned by such person shall be deemed in violation. Only federally approved poison may be used and only for the purpose for which they were designed. Containers designed for the targeted pest or rodent are to be used to prevent ingestion by any other animal or child when area is baited. This chapter does not prevent the city pest control agent or the public works inspector from baiting public property. Five hundred dollars first offense, second or subsequent violation, mandatory court appearance.
(K) Own or otherwise take possession, charge, custody, dominion or control of an animal, place or confine the animal or allow it to be placed or confined or to remain in an UNATTENDED motor vehicle without sufficient ventilation or shade from the sun or under other conditions due to heat, lack of water or such other circumstances as may reasonably be expected to cause suffering, disability or, death. Two hundred and fifty dollars first offense, second or subsequent violation, mandatory court appearance.
(L) Transport any animal in a motor vehicle unless the animal is safely enclosed within the vehicle, or if traveling in an unenclosed vehicle (including but not limited to convertibles, pick up, and flat bed trucks) is confined by a container, cage, or other device that will prevent the animal from falling from or jumping from the confines of the motor vehicle. Any such container or cage shall be anchored to the vehicle in order to prevent its jostling about. Nothing in this section shall be deemed to prohibit the humane transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purpose. One hundred dollars first offense, second or subsequent violation, mandatory court appearance.
(M) City Animal Control Officers are authorized to remove and transport to a Broward County animal care and regulation facility any animal from a location when such animal is in imminent danger or faces harm from the existence of any of the conditions described in subsections (A) through (L) above, and such animals shall be held subject to the provisions of § 90.28(A).
(N) Notwithstanding the above, the euthanasia of nuisance wildlife in a humane manner in accordance with the provisions contained within the Florida Administrative Code and guidelines established by the American Veterinary Medical Association or the American Association of Zoo Veterinarians, shall not constitute a violation of this section.
(Ord. 2000-63, passed 6-13-00; Am. Ord. 2007-20, passed 1-9-07; Am. Ord. 2009-19, passed 1-27-09; Am. Ord. 2014-05, passed 10-22-13)