§ 462.203. Neglecting or abandoning animals.

It shall be unlawful for any person to neglect or abandon an animal. For purposes of this Part, it shall be considered neglect or abandonment if one or more of the following occurs:

(a)

Failing to provide any one of the following: sufficient potable water; sufficient wholesome food; adequate shelter with a sufficient, level floor, at least three structurally sound walls and a solid roof to protect the animal from the weather, extreme temperature and direct sunlight; current and active veterinary care/treatment to prevent suffering; sufficient exercise and wholesome exchange of air. A standard of usual and customary practice, based upon the guidelines of the Jacksonville Veterinary Medical Society (JVMS), the Florida Veterinary Medical Association (FVMA) and/or the American Veterinary Medical Association (AVMA), shall be used to define active veterinary care/treatment.

(b)

Keeping an animal in an enclosure which prevents the animal from free and full movement with full extension of its limbs (including standing fully upright) and/or without wholesome exercise and change of air. Nothing in this Section is meant to prohibit the temporary transport of animals in 'airline crates' or the use of a temporary crate that may not allow for full extension of all limbs and full movement and to stand erect and turn fully around while cleaning the enclosure or to separate animals while feeding. Crates used for temporary holding of animals in conjunction with or training for dog shows, performance events or hunting are not covered by this provision if such holding period does not include overnight or extended periods of more than two hours, while not in transport, in such confined spaces that may not allow for full extension and free movement. Nothing in this Section is meant to restrict the use of crates that allow the animal(s) to fully extend all limbs, allow the animal(s) to stand fully erect without touching the walls or top of the crate, allow the animal(s) to fully turn around, and allow the animal(s) sit and lay down without obstruction.

(c)

Placing or confining an animal or allowing it to be placed or confined or to remain in an unattended vehicle without sufficient ventilation or under conditions or for such a period of time as may reasonably be expected to endanger the health or well-being of such animal due to heat, lack of water or such other circumstances as may be expected to cause suffering, debility or death.

(1)

An officer or Animal Control Officer who finds an animal in a vehicle in violation of this Section may enter the vehicle by using the amount of force reasonably necessary to remove the animal. An officer or animal control officer who acts in substantial compliance with the provisions of this Section shall be immune from civil and criminal liability; and the City shall also be held immune from civil liability.

(2)

Nothing in this Section shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purposes.

(d)

Caging or confining an animal and failing to supply the animal, during such caging or confinement, with sufficient water, with sufficient space to stand fully erect on all legs and/or to turn completely around within the cage or confinement and with sufficient wholesome food;

(e)

Leaving the animal upon or beside any street, road or other public or private place; or

(f)

Forsaking entirely and leaving to die any animal that is maimed, sick, infirm or diseased.

(g)

A violation of this Section shall subject the violator to a civil fine of no less than the amount designated in Chapter 462, Part 18.

(Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 3)