§ 4-74. Prohibition against fighting or baiting animals.

(a)

No person shall knowingly commit any of the following acts:

(1)

Baiting, breeding, training, transporting, selling, owning, possessing, or using any wild or domestic animal for the purpose of animal fighting or baiting;

(2)

Owning, possessing, or selling equipment for use in any activity described in subsection (a)(1) of this section;

(3)

Owning, leasing, managing, operating, or having control of any property kept or used for any activity described in subsection (a)(1) or (a)(2) of this section;

(4)

Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two or more animals;

(5)

Performing any service or act to facilitate animal fighting or baiting, including, but not limited to, providing security, refereeing, or handling or transporting animals or being a stakeholder of any money wagered on animal fighting or baiting;

(6)

Removing or facilitating the removal of any animal impounded under this section from an agency where the animal is impounded or from a location designated by the court without the prior authorization of the court;

(7)

Betting or wagering any money or other valuable consideration on the fighting or baiting of animals; or

(8)

Attending the fighting or baiting of animals.

(b)

Notwithstanding any provision of this section to the contrary, possession of the animal alone does not constitute a violation of this section.

(c)

If a court shall order the county or animal control supervisor seizure of any animals and equipment used in committing a violation of this section or of F.S. § 828.122, the animal supervisor in the geographic area affected shall take such action as is necessary to provide for appropriate and humane care or disposition of the animals. If a veterinarian finds that an animal kept or used in violation of this section is suffering from an injury or a disease severe enough that it is not possible to humanely house and care for the animal pending completion of a hearing held under F.S. § 828.073(2), final disposition of the criminal charges, or court-ordered forfeiture, the veterinarian may euthanize the animal as specified in state statutes.

(d)

No person who is convicted of a violation of this section shall be permitted to adopt from a county animal shelter any animals within the species that are the subject of the conviction, or any animals kept for the purpose of fighting or baiting.

(e)

This section shall not apply to:

(1)

Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture that will be used on television or in a motion picture, provided that no state statute or county ordinance is violated;

(2)

Any person using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the state; or

(3)

Any person using animals to work livestock for agricultural purposes.

(f)

This section shall not prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law.

(Code 1979, § 3-18; Ord. No. 006-2006, § 1)

State law reference

Cruelty to animals, F.S. § 828.122.