(A) It shall be a violation of this section to exhibit or display to the public for entertainment, amusement or promotion any live animal on city property or on city-owned property under lease. Any such violation shall be punishable by a fine of $500.00 per day, and each day's unlawful exhibition or display shall constitute a separate violation. However, the following shall be exempt from this provision:
(1) The exhibition or display of horses at the city-owned Sand and Spurs Stables.
(2) The exhibition or display of live animals for educational purposes sponsored by the city provided the care of said animals during their exhibition or display conforms to guidelines established by the city in this chapter and with industry practices and standards.
(B) No person or entity shall exhibit or display to the public for entertainment, amusement or promotion any live animal on private property within the city, unless the person or entity obtains a special event permit pursuant to § 132.27.
(1) In addition to the information required in § 132.27(A), an application for a special event permit involving the exhibition or display of live animals shall contain:
(a) A description of the purpose for which the animal(s) will be exhibited or displayed.
(b) A listing of the type or species of each animal to be exhibited or displayed.
(c) A letter from a veterinarian licensed to practice in the State of Florida stating:
1. The veterinarian is in good standing with and is currently licensed to practice by the Florida Department of Professional Regulation (or applicable state licensing agency).
2. A statement that each animal to be exhibited or displayed has been recently examined and is in good health and is fit and suitable for the purposes of the current proposed exhibition or display.
(d) A copy of the animal exhibitor's license or registration with the United States Department of Agriculture, or approval from the Florida Department of Agriculture and Consumer Services, unless exempt from same with proof of any such exemption furnished with the application.
(e) A copy of the animal exhibitor’s permit to exhibit wildlife protected by the Florida Fish and Wildlife Conservation Commission, or any successor state agency, pursuant to F.S. § 372.921, (in its current form or as amended from time to time), issued by said Commission or successor state agency, unless exempt from same with proof of any such exemption furnished with the application.
(2) In addition to the criteria set forth in § 132.27, before issuing a permit for the display or exhibition of animals, the City Manager must find that the site to be utilized for the particular exhibition or display of animals must be appropriate in size and scope to provide adequate and safe facilities for the animals on site and for the safety of persons viewing the exhibition or display.
(3) Any violation of this subsection shall be punishable by a fine of $500.00 per day and each day's unlawful exhibition or display shall constitute a separate violation.
(C) The provisions contained in subsections (A) and (B) above, however, shall not permit the following, which are prohibited within the city:
(1) The exhibition or display of any sick, injured or crippled animal.
(2) The use of painful techniques and devices, to the extent permitted by law, that may cause or are likely to cause, physical injury, torment or pain and suffering to animals, including but not limited to: electric prods or shocking devices; sharpened spurs or rowels; flank or bucking straps or similar devices; wire tie-downs; chains used as tie-downs; whips or bullwhips (excluding riding crops); ankuses or bullhooks or similar devices.
(3) Each violation of this subsection is punishable by a fine of $500.00.
(D) The city's Animal Control Officers and Police Officers shall have the authority to enforce the provisions of this section.
(E) The city’s Animal Control Officers may terminate any exhibition or display of live animals if, in their discretion, said display or exhibition poses a danger to an animal(s) or to humans, or is cruel and inhumane.
(1) Prior to termination of the exhibition or display, the Animal Control officer shall inform the animal exhibitor or his representative or employee, if available at the site of display, of the danger posed by or objection to said exhibition or display, and shall permit a period of time to correct or remedy same. Failure to take immediate action by the exhibitor to correct the condition or danger as required, shall result in the termination of the exhibition or display by the Animal Control Officer.
(2) Failure to comply with the order of the Animal Control Officer under subsection (E)(1), shall constitute a violation of this section punishable by a fine of $500.00 for each occurrence.
(3) Any party aggrieved by termination of an exhibition and display under this subdivision may request an appeal in writing to the City Manager within three calendar days of said decision. The City Manager or his designee shall schedule a hearing within two business days of receipt of the written request and may overrule, affirm or modify the decision of the Animal Control Officer.
(F) The following are exempt from the provisions of this section:
(1) Veterinarians, in the ordinary course of a veterinarian’s practice or business.
(2) Mobile adoption appearances by the Humane Society or other recognized animal adoption organizations.
(3) The exhibition or display in the ordinary course of business of a pet shop or adoption center within the confines of the specific premises identified in the applicable city business tax receipt, and wherein the business tax receipt holder carries on its usual daily business and which areas shall not include any space on the exterior of the store premises or any space within the common areas of a mall or shopping center.
(4) Horses utilized for harness racing or for display at the Pompano Park Race Track.
(5) The exhibition or display under the direct auspices of the Broward County School District or an accredited educational establishment for educational purposes, in compliance with all other requirements of this chapter.
(6) Exhibits at the Broward County Fair in conformity with F.S. § 616.17.
(Ord. 2000-63, passed 6-13-00; Am. Ord. 2007-57, passed 7-10-07) Penalty, see § 90.99