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 Brevard County
 Code of Ordinances
 SPECIAL ACTS
 Chapter 206. ANIMALS

§ 206-1. Disposal of bodies of dead animals, fish, etc.; penalty for violation.

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  • The board of county commissioners of Brevard County, for and in behalf of said county, is empowered and authorized to provide for the removal and disposal of the bodies of dead animals, fish or fowl, or parts therefrom, from all public roads, public parks or public lands in all areas of Brevard County lying outside of incorporated municipalities and to employ such person or persons on a full-time or part-time basis, or to enter into such contract or contracts with such person, persons, firms or corporations as the board of county commissioners may determine to be reasonable, necessary and proper to accomplish the purposes of this section. No person, firm, corporation or individual shall dump, deposit or leave the body or bodies of any dead animal, fish or fowl on public roads, public parks or public grounds in all areas of Brevard County lying outside of incorporated municipalities. Any person, firm, corporation or individual found guilty of the violation of the provisions of this section shall upon conviction be required to pay the cost of removal of the dead body, bodies or parts thereof, and shall be guilty of a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment.

    (Laws of Fla. ch. 61-1904, §§ 1—3)

    Editor's note— The specific penalty provided for in the above section is unconstitutional and unenforceable as a special act may not prescribe punishment for crime. See Fla. Const. art. III, § 11. However as the section makes a violation a misdemeanor, such violation is punishable as a misdemeanor of the second degree. See F.S. §§ 775.08—775.083; Delmonico v. State, § 155 So.2d 368 (Fla. 1963); Lynch v. Durrance, 77 So.2d 489 (Fla. 1955); Jannett v. Windham, 109 Fla. 129, 147 So. 296 (1933); reh. denied, 109 Fla. 129, 153 So. 784, aff'd. 290 U.S. 602.

    Code reference— Solid waste, ch. 94.

    Cross reference— Solid waste, ch. 252.

    Florida Litter Law, F.S. § 403.413.