This Palm Beach County, Florida ordinance prohibits the act of humane slaughter, as defined by §§ F.S.A. 828.22 and/or 828.23, within earshot or view of the public. A violation of this provision constitutes a civil infraction and is punishable by a fine not to exceed $500.
Sec. 4-24. Animal care; manner of keeping.
(a) It shall be unlawful for any person keeping an animal to fail to provide for that animal:
(1) Clean, sanitary, safe and humane conditions;
(2) Sufficient quantities of appropriate food daily;
(3) Proper air ventilation and circulation;
(4) Adequate quantities of visibly clean and fresh water available at all times; and
(5) Medical attention and/or necessary veterinary care when an animal is sick, diseased or injured. Upon request by the division, written proof of veterinary care must be provided.
(b) It shall be unlawful for any person keeping an animal to fail to provide shelter for that animal.
(1) Shelter for dogs, cats and small domestic animals must:
a. Provide adequate protection from the cold and heat. When the outdoor temperature falls below forty (40) degrees Fahrenheit, all cats, small domestic animals and those dogs that cannot tolerate such temperatures without stress or discomfort (i.e., short-haired breeds, sick, aged, young or infirm), must be moved indoors or provided adequate heating to maintain temperature above forty (40) degrees Fahrenheit range. When the outdoor temperature rises above eighty-five (85) degrees Fahrenheit all dogs, cats, and small domestic animals must be provided air conditioning, a fan, or another cooling source to maintain the temperature in the shelter at or below eight-five (85) degrees Fahrenheit;
b. Provide protection from the direct rays of the sun and the direct effect of wind and rain;
c. Provide a wind break and rain break;
d. Contain clean, dry, bedding material;
e. Provide protection from the elements at all times;
f. Provide sufficient space for each animal to comfortably stand up, sit down, lie down, and turn around in the shelter. If the shelter is used for more than one (1) animal at the same time, it must provide enough space for each animal to comfortably stand up, sit down, lie down and turn around simultaneously; and
g. Provide a solid roof.
(2) Shelter for equine, bovine, ovine and porcine normally maintained in outdoor areas must:
a. Provide protection from the direct rays of the sun and the direct effect of wind and rain;
b. Provide a wind break and rain break;
c. Provide a solid roof;
d. Provide protection from the elements at all times; and
e. Provide space for each animal to comfortably stand up, sit down, lie down and turn around in the shelter. If the shelter is used for more than one (1) animal at the same time, it must provide enough space for each animal to comfortably stand up, sit down, lie down and turn around simultaneously.
(c) It shall be unlawful for any person maintaining equine or ovine to fail to keep hooves trimmed so as to prevent lameness and extreme overgrowth causing deformities.
(d) No person shall tether an animal to a stationary or inanimate object as a means of confinement or restraint unless such person is with the animal and the animal is at all times visible to such person. Choke or prong type collars shall not be used on an animal while such animal is tethered. As used in this chapter, tether means to restrain an animal by tying the animal to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash or lead to walk an animal. Notwithstanding the foregoing, an animal may be tethered while actively participating in or attending an organized show, field trial, agility event, herding contest or other similar exposition or event, of a limited duration, that involves the judging or evaluation of animals.
(e) Any dog maintained outdoors for all or part of the day in a fenced yard or other type of enclosure shall be provided a minimum of eighty (80) square feet of open space. An additional forty (40) square feet shall be required for each additional dog kept in the same enclosed area. Each dog shall be provided sufficient shelter within the enclosed area. Any enclosed area where a dog is confined shall be kept free of objects that may injure the dog and shall be cleaned regularly to remove feces. Dogs shall not be maintained outdoors during periods of extreme weather including but not limited to hurricanes, tropical storms, and tornados.
(f) Animals must be given appropriate daily exercise.
(g) No humane slaughter of animals as defined in Florida Statutes, §§ 828.22 and/or 828.23 shall be done within earshot or view of the public.
(h) It shall be unlawful for any person to tease or molest any animal.
(i) It shall be unlawful for any person to:
(1) Leave an animal in any unattended motor vehicle;
(2) Transport an animal in any motor vehicle without adequate ventilation or in unsanitary conditions; or
(3) Subject or cause an animal to be subjected to extreme temperatures that adversely affect the animal's health or safety.
(j) It shall be unlawful to transport any animal on a public road in any vehicle unless the animal is safely and humanely restrained (at a minimum by a harness with double tethering for dogs) so that the animal is unable to jump or fall out of the vehicle. When animals are transported in a pickup truck with a metal bed, the animals shall be provided protection from the metal bed.
(k) Animals shall not be allowed on any median or in any roadway, highway or street intersection for any purpose other than crossing same.
(l) Any person trapping an animal must:
(1) Use a humane trap;
(2) Provide protection from the direct rays of the sun and direct effect of wind, rain and irrigation/sprinkler system;
(3) Provide fresh water in the trap;
(4) Remove the trapped animal within twenty-four (24) hours of capture. All trapped dogs and cats must be returned to their rightful owner, or to a governmentally operated animal shelter or humane society in the county; and
(5) Make every attempt to locate the offspring of any lactating/nursing mother. No trapped animal shall be killed in any manner other than a method approved in the American Veterinary Medical Association Guidelines on Euthanasia, as may be amended from time to time.
(m) To the extent not inconsistent with this chapter the following portions of the Florida Statutes, in their current form and as subsequently amended, are hereby adopted and incorporated by reference except as to penalty, shall be part of this section as if they were set out in full and shall be punishable as civil infractions:
(1) Section 828.058, Florida Statutes;
(2) Section 828.065, Florida Statutes;
(3) Section 828.08, Florida Statutes;
(4) Section 828.12, Florida Statutes;
(5) Section 828.121, Florida Statutes;
(6) Section 828.122, Florida Statutes;
(7) Section 828.123, Florida Statutes;
(8) Section 828.1231, Florida Statutes;
(9) Section 828.125, Florida Statutes;
(10) Section 828.13, Florida Statutes;
(11) Section 828.14, Florida Statutes;
(12) Section 828.16, Florida Statutes;
(13) Section 828.161, Florida Statutes;
(14) Section 828.22, Florida Statutes;
(15) Section 828.23, Florida Statutes;
(16) Section 828.24, Florida Statutes; and
(17) Section 828.252, Florida Statutes.
(n) No person, for the purpose of that person's sexual gratification, may:
(1) Engage in a sexual act with an animal;
(2) Coerce any other person to engage in a sexual act with an animal;
(3) Use any part of the person's body or an object to sexually stimulate an animal;
(4) Videotape a person engaging in a sexual act with an animal; or
(5) Kill or physically abuse an animal.
(Ord. No. 98-22, § 24, 6-16-98; Ord. No. 03-029, § 1, 8-19-03; Ord. No. 2011-005, § 5, 3-15-11)
Section 17 of Ord. No. 2011-005 specifies that § 4-24(d) and (e) shall become effective on July 1, 2011.
Sec. 4-32. Violations, civil infractions, civil penalties.
(a) Any violation of this chapter is a civil infraction.
(b) Any person who has committed an act in violation of this chapter shall receive a citation from the division by an animal control officer or law enforcement officer who has probable cause to believe that the person has committed a civil infraction in violation of this chapter.
(c) The county court shall have jurisdiction over all violations of this chapter.
(d) The county clerk shall:
(1) Accept designated fines and issue receipts therefore.
(2) Provide a uniform citation form serially numbered for notifying alleged violators to appear and answer to charges of violation of this chapter. Such citation forms shall be issued to and receipted by the division.
(e) Violation of any provision of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00). Any person who has violated any provision of this chapter shall be fined an amount as established by the board of county commissioners by resolution.
(f) Any person issued an animal care and control citation shall be deemed to be charged with a civil violation and shall comply with the directives on the citation.
(g) Payment shall be made, either by mail or in person, to the violations bureau within the time specified on the citation. If a person follows this procedure, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction.
(h) All fines collected as a result of said citations (except those fines collected as a result of citations issued by municipal employees pursuant to subsection (n) herein, which shall be remitted by the clerk of the court directly to the municipality issuing the citation) shall be paid into the county treasury and deposited into the general fund for animal care and control revenue. Pursuant to Florida Statutes, §§ 938.01, 938.17 and 938.19, mandatory costs shall be assessed against every person convicted of a violation of this chapter.
(i) Any person who fails to make payment within the specified period shall be deemed to have waived his/her right to pay the civil penalty as set forth in the citation.
(j) Any person who elects to appear before the court to contest the citation shall be deemed to have waived his/her right to pay the civil penalty. The court, after a hearing, shall make a determination as to whether a violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00) plus court costs.
(k) If a person fails to pay the civil penalty, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation; and in such case, a default judgment may be entered and the judge shall impose a fine at that time. An order to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fine is not paid, judgment may be entered up to the maximum civil penalty.
(l) Any person cited for an infraction under this chapter shall sign and accept the citation indicating a promise to pay the fine or appear in court. Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by Florida Statutes, §§ 775.082 or 775.083.
(m) The division may require mandatory court appearances for certain aggravated violations of this chapter resulting in the unprovoked biting, attacking or wounding of a domestic animal; violations resulting in the destruction or loss of personal property; or violations resulting in the issuance of a third or subsequent citation to a person. The citation shall clearly inform the person of the mandatory court appearance. The division shall maintain records to prove the number of citations issued to the person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court.
(n) Permission is hereby granted to employees working for county municipal governments to enforce this chapter through the issuance of citations when those employees have been certified as animal control officers pursuant to Florida Statutes, § 828.27(4)(a)1. Enforcement must be in cooperation with and receive the approval of the division.
(o) Failure to comply with any provision of this chapter shall constitute a separate and distinct violation.
(p) Each day a violation of any provision of this chapter exists shall constitute a separate and distinct violation.
(Ord. No. 98-22, § 30, 6-16-98; Ord. No. 08-004, pt. 7, 2-5-08; Ord. No. 2011-005, § 9, 3-15-11)