THIS MATTER came on for consideration without a further hearing on the Report and Recommendations of the Special Master together with Defendant's Exceptions thereto, and the comments and recommendations of the Plaintiff's agent and of the Defendant's principal. The Special Master is to be commended for her thoroughness and for her charity. Her report was of a quality rarely, if ever, surpassed. From the contents of the Court file, the testimony and evidence it is,
ORDERED AND ADJUDGED AS FOLLOWS:
- The defendant continues to be unable to humanely care for any animals in its care in numbers greater than set by this Order.
- The Defendant and all those acting or claiming to act on its behalf or under its direction and control, are permanently enjoined and restrained from maintaining, caring for or housing animals on the subject property in numbers greater than allowed by this Order. The Defendant shall cause legible, weather resistant copies of this Order to be conspicuously posted near the dog and cat areas on its property.
- Because the Defendant's ability to humanely care for animasl is limited only by the availability of staff and facilities and because these factors are not fixed, the Court is reluctant at this time to constrain the Defendant to a rigid capacity limit. Rather, the Court will limit Defendant's animal population to a maximum related to the number of pens and order random and frequent inspections to insure compliance.
- The Special Master's Recommendation 'd' is adopted in toto and incorporated herein by reference. Copy of Recommendation is attached hereto and made a part hereof as Exhibit 'A'. (Recommendation d is being shown here in italics for continuity)
| d." Guidelines for insuring that dogs housed in cages are removed for exercise often enough and long enough each day." | | The Special Master recommends that all dogs reside in dog runs and that no dogs be placed in cages. It is recommended that minimum standards be set for the dog runs. It is suggested that all dog runs be at least three feet by five feet by four feet high, should be contructed of welded wire or chain link fence, should have a concrete floor, should contain a resting bench or dog house at one end and should be covered. Furthermore, dog runs should not be stacked on top of each other. It is recommended that all dogs be taken out of the runs at least twice each day and have a minimum of fifteen minues of supervised activity at each outing, their health and the weather permitting. |
- The animals may not be housed in closed cages except for medical emergency or for transportation.
- The Special Master's recommendations regarding the number of dogs in a dog run are adopted by the Court; i.e., only one dog per run for dogs fifty pounds or greater, no more than two dogs per run for dogs less than fifty pounds but greater than thirty-five pounds, no more than three dogs per run for dogs weighing less than thirty-four pounds but more than twenty pounds, and no more than four dogs otherwise(except for nursing puppies).
- No more than twenty-five cats per existing cat pen.
- While Plaintiff is correct in observation that cats are virtually unadoptable unless they are litter trained, the Court's function is not to judge the wisdom of Defendant's actions, but only to insure humane treatment. Clean litter must be provided in the cat pen without the concrete floor. Food may not be placed in open ground-level trays.
- Livestock other than the two donkeys now present may not be housed on the property.
- Court appoints Ms. Debra Babbit (phone number omitted in this copy) as a Special Agent pursuant to F.S. 828.03 to visit the Defendant's premises, and report violations of this Order to the Court immediately. Ms Babbit has graciously agreed to perform these inspections at no charge to the parties.
- Because the Special Master has donated her fee to the parties equally, no Special Master costs will be assessed. Dr. Adey's bill of $60.00 shall be paid by the Defendant within 60 days from the date hereof.
- The Court reserves jurisdiction herein to enter further orders as may be necessary.
DONE AND ORDERED in Bartow, Polk County, Florida, this 2nd day of February, 1992. | |
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