§ 6-7. Damaging property of another; proof of violation.

(a)

It shall be unlawful for any person who shall own or be in control of or in charge of any domestic animal to allow or permit such animal to enter upon the property of another and damage such property.

(b)

For the purposes of this section, the phrase "property of another" shall include private property and any abutting publicly owned property, easements or any property set apart for public use which the owner of the abutting property maintains by planting, mowing, watering, fertilizing or similar care, of grass, shrubbery, trees, etc., planted thereon. The intent of this section is to include all abutting property regardless of ownership except the property owned by the owner of the domestic animal, or the property of those who have consented to the owner of the domestic animal to do such damage to their property.

(c)

Damage to such property shall include, but not be limited to, urinating or defecating by any domestic animal upon any property other than that owned by the owner of the animal.

(d)

If any such animal shall enter upon the property of another within the town and shall cause damage thereon, proof that it is the property of another and of such damage and the identity of the domestic animal shall be sufficient to convict a person owning or having charge of or control of the animal violating the terms and provisions of this section. Consent of the owner of the property shall be a defense to such violation.

(Code 1978, § 3-7)

State law reference

Damage by dogs, F.S. ch. 767.