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<br />ANIMALS AND FOWL
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<br />cently exposed thereto, sells, barters or
<br />disposes of such animal without first dis-
<br />closing to the person to whom the same is
<br />sold, bartered or disposed of, that such
<br />animal is so diseased, or has been exposed,
<br />as aforesaid, or knowingly permits such
<br />animal to run at large, or knowing such
<br />animal to be diseased as aforesaid, know-
<br />ingly allows the same to come into contact
<br />with any such animal of another person
<br />without his knowledge or permission, shall
<br />be in violation of this section.
<br />
<br />(4) Live animal prizes prohibited. Whoever
<br />gives away or offers to give away any live
<br />animal as a prize in any game, drawing,
<br />sweepstakes or other promotion, shall be in
<br />violation of this section.
<br />
<br />(c) Enforcement.
<br />
<br />(1) Whenever any person or persons complain
<br />of cruelty to animals or upon independent
<br />observation of the Animal Control Division,
<br />the Animal Control Division shall immedi-
<br />ately attempt to ascertain and investigate
<br />whether the facts alleged in the complaint
<br />or observation constitute an act of cruelty
<br />to animals. Nothing contained herein shall
<br />authorize a member of the Animal Control
<br />Division to enter upon private property
<br />without consent of the property owner or
<br />without a valid search warrant.
<br />
<br />(2) If the representative of the Animal Control
<br />Division has reason to believe, subsequent
<br />to his investigation, that an act of cruelty
<br />to animals may have been committed, he
<br />shall immediately institute appropriate pro-
<br />ceedings against the owner or owners of
<br />the animal alleged to be the victim of the
<br />cruel act or those person or persons alleged
<br />to have committed the cruel act. Nothing
<br />herein contained shall restrict a private
<br />citizen from instituting an appropriate pro-
<br />ceeding pursuant to the Flo~da Statutes,
<br />
<br />(3) If the representative of the Animal Control
<br />Division is unable to ascertain whether the
<br />alleged act of cruelty to animals exists, he
<br />shall, when appropriate, seek the issuance
<br />of a court ordered search warrant.
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<br />Supp. No, 16
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<br />f 5-3
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<br />(4) If a court of competent jurisdiction deter-
<br />mines that an act of cruelty to animals does
<br />exist, the Animal Control Division shall
<br />seek, when appropriate, a court order re-
<br />questing that the animal in question be
<br />taken from the owner to the Animal Con-
<br />trol Division shelter or other suitable place
<br />of housing for protective custody of the
<br />animal.
<br />
<br />(d) Penalties. Any person or persons found guilty
<br />of an act of cruelty to animals shall be subject to
<br />up to sixty (60) days imprisonment and/or a fine
<br />not exceeding five hundred dollars ($500,00) for
<br />each separate act of cruelty.
<br />(Ord. No. 75-24, U 1-4,4-2-75; Ord. No. 76-50, f
<br />4, 6-1-76; Ord. No. 94-203, f 1, 11-1-94; Ord. No.
<br />95-215, f 1, 12-5-95)
<br />
<br />ARTICLE n. DOGS.
<br />
<br />Sec. 5-3. Definitions.
<br />
<br />As used in this article, unless the context other-
<br />wise indicates:
<br />
<br />(1) Responsible party shall be defined to in-
<br />clude any person, persons, firms, corpora-
<br />tions or associations owning, harbo~g,
<br />keeping or controlling a dog or dogs within
<br />the County. Wherever the words "owner" or
<br />"person" are used in this article, these
<br />words shall mean responsible party.
<br />
<br />(2) Dog shall include both male and female.
<br />
<br />(3) At large shall be defined to mean off the
<br />premises of the owner, and not under the
<br />control, custody, charge or possession of the
<br />owner, or other responsible person, either
<br />by leash, cord or chain.
<br />
<br />(4) Veterinarian: The term "veterinarian" as
<br />used in this article shall refer to any person
<br />
<br />.Editor's note-Ord. No, 72-93, f I, adopted Dec. 5, 1972,
<br />amended Art. II to read as set out in ff 5-3-5-17, Prior to
<br />amendment by said Onl, No. 72-93, Art. II, If 5-3-5-16, was
<br />derived from Ord. No, 58-28, If 2-13, adopted July 8, 1958;
<br />Ord, No. 63-7, f I, adopted March 5,1963; ora, No. 63-46, f I,
<br />adopted Nov. 5, 1963 and Ord. No, 65-16, ff I, 2, adopted
<br />March 16, 1965.
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<br />667
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