§ 4-23. Animal cruelty, animal neglect, and tethering.
(a)
Animal cruelty. It is unlawful for any person to subject any animal to animal cruelty, including cruelty to feral animals. For purposes of this subsection, the term "animal cruelty" shall include but not be limited to any one (1) or more of the following conditions: Torture, or torment that causes unjustifiable pain or suffering of an animal. With respect to any animal, such acts include, but are not limited to, overdriving, overloading, overworking, unnecessary beating or whipping, riding, driving or working when sick and unfit to work; using a trapped or penned live animal (domestic, exotic or wildlife) in the training or baiting or hunting or game dogs.
(b)
Animal neglect. It is unlawful for any person to subject any animal to neglect, including neglect of feral animals. For the purposes of this subsection, the term "neglect" shall include but not be limited to any one (1) or more of the following conditions are allowed to exist:
(1)
Failure to provide adequate veterinary care for any animal or to keep an animal that is known to or suspected to have an injury, accidental or deliberate, or to exhibit any signs of disease, shock, temperature fluctuations, tremors, swelling, open wounds, inability to eat, blistering or abnormal bleeding, partial or total paralysis, discharging blood or mucus.
(2)
Failure to provide adequate food which is the provision on a daily basis of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal, and maintain the animal in good health and comfort. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and from which agents injurious to health have been removed or destroyed to a practical minimum.
(3)
Failure to provide a constant access to a supply of clean, fresh water provided in a sanitary manner. In near or below freezing temperatures, the water must be changed frequently so as to prevent freezing.
(4)
Failure to provide shelter or protection from weather including the failure to provide for any animal that is kept out-of-doors for any length of time from extremes of temperature, sunlight, rain, wind or other inclement weather, or to maintain said shelter in a clean, sanitary condition free of urine and excrement or standing water.
(5)
Carrying any animal in or upon any vehicle in a cruel or inhumane manner.
(6)
Abandonment of any animal, whether healthy, old or maimed, infirm, or sick and disabled, on their own property without daily care, or off the owner's premises where the animal may suffer injury, hunger exposure or become at large upon any street, road, or other public or private place, or with the division of animal services.
(7)
Failure to provide an animal sufficient space to stand to full height, turn around, lay down and make normal postural adjustment for comfort.
(8)
Failure to allow an animal proper exercise necessary for normal growth, body condition and temperament.
(9)
Failure to provide living space free of hazardous build up or proper sanitation.
(c)
Tethering. Restraint by tethering may only be used provided all the conditions that follow are met:
(1)
The tether must be constructed of material sufficient to restrain the animal, but also not place the animal in danger of injury or death. The tether shall not weigh more than one-eighth (⅛) of the animal's body weight. A tethered animal must wear a harness properly fitted to the dog to attach the runner. The runner may not be attached to a chain or collar, padlock, or other device around the neck of the animal. When a violation of this provision occurs, an animal services officer is authorized to take reasonable measures to remove the animal from the tether and take the tether and animal to the shelter;
(2)
The tether shall be at least long enough to allow the animal to move ten (10) feet in all directions from the point of tethering. The tether must have operative swivels on both ends and be attached to an elevated line connected to two (2) stationary points not less than fifteen (15) feet apart and sufficient to hold the dog without breaking or coming loose;
(3)
The animal may not be tethered outside during a period of extreme weather, including but not limited to extreme heat or in conditions not acceptable for the age and breed of a dog;
(4)
The animal, while restrained by tether, must be able to access adequate clean fresh water and sufficient wholesome food;
(5)
The animal must be at least one (1) year of age or older, not sick or injured, not pregnant, and not whelping;
(6)
Every animal must be tethered separately with its own runner/pulley if applicable, with each complying with all provisions herein, plus an animal must not be able to tangle its tether with any other animal on the property;
(7)
No animal's tether may extend any closer than five (5) feet from the perimeter fence or lot line;
(8)
No animal other than a dog may be tethered for any period of time unless directly supervised or in the eyesight of the owner or keeper. An owner or keeper may leave a dog tethered outdoors for a reasonable period not exceeding eight (8) hours within a twenty-four (24) hour period. An animal may never be left tethered and unattended on vacant or abandoned property.
(9)
The tether shall not be attached to a stationary object or trolley at a point or location that would allow the animal to extend the tether over a fence or other object or edge in such manner that could result in the strangulation of or injury to the animal.
(10)
The foregoing provisions regarding tethering do not apply to a lawful animal event, veterinarian treatment, grooming, training, or law enforcement, nor do they apply to animals that are kept or used for a bona fide farm operation on lands classified as agricultural pursuant to Section 193.461, Florida Statutes.
(11)
In the interest of public safety, animal services officers and/or law enforcement officers are authorized to remove dogs presenting in a demeanor of attack or presenting a public safety risk from tethers and impound such animals where the animal is accessible by children or the public without a secured fence or enclosure.
(Ord. No. 2018-22, § 1, 5-8-18)