Ordinance 2001-039NEW FEES; ADDING A $5.00 SURCHARGE FOR EACH VIOLATION CITED;
INCREASING THE TYPES OF VIOLATIONS WHICH AUTHORIZE OR
REQUIRE A MANDATORY COURT APPEARANCE; AMENDING SECTION
SIX REGARDING DANGEROUS DOGS; PROVIDING FOR INCLUSION INTO
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, The staff of Collier County Domestic Animal Services has
recommended to the Board of County Commissioners that Ordinance No. 93-56,
as amended, be amended to change fees and fines collected by Domestic
Animal Services; and:
Existing annual fee for non-neutered pets be increased from $14 to $25,
except breeding dogs and cats owned by, or permanently associated with, a
Collier County licensed kennel shall pay an annual $10 fee for each non-
neutered dog or cat if the animal is older than one year of age. These fees were
established by Resolution Nos. 93-404 or 95-107, and were amended by
Resolution No. 98-178.
Existing daily animal boarding fees be increased from $5 to $7. Establish
daily boarding of $10.00 for 2nd, 3rd or more impoundments.
Existing $20 fee for impounding animals be increased based on the
number of impoundments and whether the animal is neutered:
1st impoundment of neutered pet is $25
1st impoundment of non-neutered pet is $75, $50 to be
neutered within sixty days of the impoundment.
2nd impoundment (or subsequent) of neutered pet is $50;
neutered.
3rd (or subsequent) impoundment of neutered pet is $100; $125 If non-
neutered.
refunded if
$75 if non-
Existing $30 fee for impounding livestock be based on the number of
impoundments of the same livestock or from the same location:
1st impoundment - $50
2nd impoundment- $75
3rd impoundment- $100
(Administrative fees and other fees are not changed).
Existing annual Kennel Permit Fee be increased from $20 to $50.
Establish an annual fee for registration of dangerous dogs (authori~.
Subsection 767.12(2)(c), Florida Statutes). ~,~
Existing fee of $20 for "Notice of Violation" offenses be increased based
on the number of such Notices issued to the same violator:
1st Offense = $25; 2nd Offense = $35; 3rd Offense = $50
Existing 1st non-aggravated citation fee be increased from $50 to $100.
Existing 2nd non-aggravated citation fee be increased from $150 to $200.
Existing fee for 3r° non-aggravated offense (which requires mandatory
court appearance) to be recommended to the Judge be increased from $300 to
$400, but, as required by Statute, cannot not exceed $500 per violation.
Underlined text is added; S~.:'ek t.~zcugh text is deleted.
st
Existing fee for 1 aggravated offense citation remains at $250.
Existing fee for 2nd aggravated offense citation increases from $300 to
$35O
Authorizes the issuing officer to require a mandatory court appearance for
a second and each subsequent aggravated violation.
Imposes a $5.00 surcharge for each cited violation authorized by
subsection 828.27(4)(B), Florida Statutes, to train Animal Control Officers.
Adds new subparagraphs 4, 5, 6 and 7 to SECTION FOUR, thereby
incorporating into this Ordinance amended text from Collier County Resolution
No. 96-63 and increasing from $2.00 to $5.00 the neuter/spay program fee for
each non-neutered dog or cat; and
Adding three new paragraphs to SECTION SiX to clarify provisions
regarding dangerous dogs.
WHEREAS, The Board of County Commissioners concurs with these
recommendations from Collier County Domestic Animal Services.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. SECTION TWO, Subsection C, of Collier County Ordinance No.
93-56, as amended, is hereby amended to read as follows:
C. 1. Costof annual license for dog or cat is:
Dog $6.00 $7.00 for neutered. $8.00 non-neuter under one year of
age, $25.00,,....,..,v¢°n nn ~,-,,-,.., _if non-neutered and one year of a.qe. or older.
Exception: This annual fee shall be $10 if the non-neutered do.q or
cat is more than one year of a.qe and is a breedin~ pet or a show pet owned by a
Collier County licensed kennel or by any owner of the kennel.
The animal's owner is responsible te-preve for providin.q proof that
his or her cat or dog has been neutered.
2. Cost of obtaining duplicate tag is $4.00.
3. The cost of such license is waived for persons who are .legally blind
or deaf and whose dog is a seeing-eye dog, a hearing-ear dog, or a law
enforcement dog certified as such by a court of law or other authorized
governmental certifying agency.
4. License fees established by this Ordinance may from time to time
be revised by resolutions of the Board.
SECTION TWO: SECTION FOUR, Subsection E, of Collier County Ordinance
No. 93.56, as amended, is hereby amended to read as follows:
E. 1. Fees related to impoundments are as follows:
a. First Impoundment of dogs, cats and other small animals:
$20.00 $25.00 if neutered; $75.00 if non-neutered; $50.00 is to be refunded if
the animal is neutered within sixty (60) days after impoundment. Second
Underlined text is added; gt~.:'ck t.~rc'.:'gh text is deleted.
impoundment if neutered: $50. Second impoundment if non-neutered: $75.
Third (or subsequent)impoundment if neutered: $100.00. Third (or subsequent)
impoundment if non-neutered: $125.00.
First Impoundment of equine, bovine and other livestock:
$30.00 $50.00. Second impoundment of the same livestock or other livestock
from the same site: $75.00. Third (or more) impoundment of same animals or
from the same site: $100.00.
b. Advertising of impounded livestock: direct cost plus 50% for
administration.
c. Laboratory and veterinarian fees: direct cost plus 50% for
administration.
d. Transportation and service fees for impounded livestock: direct
costs plus 50% for administration.
e. Daily board for animal: $5.00 $7.00. This fee shall be $10.00
for each animal that is impounded more than once.
The above fees may be revised by ufo.". Resolutions approved adopted by the
Board.
SECTION THREE~ SECTION FOUR, Subsection G, of Collier County Ordinance
No. 93.56, as amended, is hereby amended to read as follows:
G. In addition to, or in lieu of, impounding any animal found in
violation of this Ordinance, the Director of Domestic Animal Services Cc.-.tro!,
Deputy Sheriff, municipal police officer, or other enforcement officer empowered
to enforce this Ordinance, may issue to the owner of (or to the person in custody
of) such animal a notice of violation and a service fee of twenty-five ($25) dollars
for the first such notice to be paid to thc D!rectcr cf Domestic Animal Services
^ri!ma! Cc,-,tro! within seventy-two (72) hours, excluding Saturdays, Sundays and
legal holidays. The fee for a second notice of violation issued re .q a rd i n .q the
animal, owner, or custodian, is thirty-five dollars ($35), and is fifty dollars ($50)
for a third notice and all subsequent notices. If the applicable such fee is not paid
within the prescribed time, the matter will be accorded appropriate enforcement
and/or collection provision.
SECTION FOUR: SECTION FIVE, Subsection A.3, of Collier County
Ordinance No. 93-56, as amended, is hereby amended to read as follows:
3. Collier County adoption fees:
a. A fee of ten twenty dollars ($20.00) re,,,., n...v../nn~ shall be charged for
each dog or cat adopted.
b. A fee for all other animals adopted will be determined by market
value of the animal.
Underlined text is added; sm:'ck t?ze'.z'gh text is deleted. 3
SECTION FIVE: SECTION FIVE, subsection A, of Collier County Ordinance
No. 93-56, as amended, is hereby amended by adding new subparagraphs 4,5,6
and 7 thereto, to read as follows:
4. The County's neuter/spay 13ro.clram for do.qs and cats shall be
funded in part from deposits into the County's neuter/spay program as follows:
a. $5.00 from each non-neutered (non-spayed) animal license fee.
b. $30.00 neuter/spay fee for each dog adopted from the County.
c. $20.00 neuter/spay fee for each cat adopted from the County.
5. Upon verification that authorized services have been rendered by a
veterinarian, fees from the neuter/spay trust fund are to be paid to that
veterinarian, subject to availability of funds in that trust fund. The amount of the
fee(s) to be paid to the veterinarian for services rendered shall be as specified in
a written agreement between the County and the veterinarian.
6. Administration of the neuter/spay program shall remain under the
control of the Director of Domestic Animal Services. Accounting for the
disbursement of the neuter/spay fees shall be in accordance with procedures of
the County's Finance Department.
7. Veterinarians are authorized to sell do.q licenses and cat licenses
and the County sh~ll pay a service fee of $1.00 for each such license sold.
Forms and license tags will be furnished by the County to the veterinarian.
SECTION SlX: New paragraphs g, h and i are hereby added to SECTION
SIX of Collier County Ordinance, No. 93-56, as amended. These new
Paragraphs read as follows:
g. If the Director of Domestic Animal Services makes an initial
determination that a dog is dangerous, the County shall provide written
notification of that determination to the owner of the do.q, by certified mail, by
certified hand delivery, by service pursuant to Chapter 48, Florida Statutes, or as
otherwise authorized by Florida Statute. The Director's initial determination shall
automatically become final unless the dog's owner, within (7) calendar days after
receipt of the notice, files a written request for a hearing to challenge the
Director's initial determination. If the dog's owner files a timely written request for
a challenge hearing, the effective date shall be the date of the final decision of
the challenge hearing forum.
h. Certificate of Registration of Dangerous Do.q. Not later than four (4)
calendar days after the final effective date, as specified above, that the do.q is
determined to be a dangerous do.q, the dog's owner must file a complete written
standard form application with Domestic Animal Services to be issued a
Certificate of Registration for the dan.qerous do.q. The duration of each
Certificate is three hundred and sixty-five (365) days. The
Underlined text is added; s~.:'ck t.~ccugh text is deleted. 4
application/administration fee for each such Certificate shall be three hundred
dollars ($300). A complete application for the initial Certificate of Registration
shall include: (i) the filing fee and late fees, if any; (ii) a receipt or other written
proof that the dog has been permanently identified as a dangerous dog; (iii) a
color photograph'that clearly shows the front of each required siRn posted at the
premises of the dangerous dog; and (iv) a current certificate of vaccination for the
dog. The County shall have up to ten (10) days after receipt of a complete
application form to issue the requested initial Certificate. Subiect to the ten (10)
days to issue the Certificate, if the original Certificate is not issued by the
fourteenth (14th) day, there shall be a late fee of ten dollars ($10) per day for
each day that the Certificate is not issued.
i. Annual Renewal of Certificate of Registration. A standard form
application to renew each Certificate of Registration must be filed annually at
least ten (10) calendar days prior to the date that the respective Certificate is to
expire. A complete application for a renewal certificate shall include a three
hundred dollar ($300) renewal/administrative fee, a then current color photo.clraph
of each dangerous do.el sign posted at the premises where the dangerous dog
resides, and a then current certificate of vaccination. There shall be a late fee of
$10.00 for each day that a complete application for renewal is not filed by the
deadline date. '
SECTION SEVEN: SECTION TEN, Subsection A, of Collier County
Ordinance No. 93-56, as amended, is hereby amended to read as follows:
A. Every person who owns or operates a kennel, pet shop, grooming
shop, er stable, or combination thereof, shall on or before October 1st of each
year obtain a permit from the Director of Domestic Animal Services Animal
Co,-.tro!. A fee of fifty twenty dollars ($50)~...-..,t~:°n~ will be changed for the permit.
The fee to any humane society or not-for-profit animal protection agency is
automatically waived.
SECTION EIGHT: SECTION SEVENTEEN, Paragraph C, of Collier County
Ordinance No. 93-56, as amended, is hereby amended to read as follows:
C. Each violator shall be required to pay a surcharge of five dollars
($5.00) for each cited violation. Each Am/-sueh person or entity that commits a
first cr s~co.-,d one or more civil infraction(s) under this Ordinance, but does not
contest the citation, shall pay a fine....~"~ +~""'~.,, ,.. ~ ..o",, ...,,..-, ,.o"'"' ,,., ,,...""* ,,.... ..... ...........~'~ *hr~"., ~
~.,,,.,~.,.,~ ,~,.,~.o t¢-~nn nn~ for each such separate offense as follows:
1. NON-AGGRAVATED VIOLATIONS: The Fines for an uncontested
citation of violation of any provision of Ordinance, except any aggravated
violation described in paragraph 2 below, are as follows:
a. FIRST CITATION: $50.00 $100.00 for each first offense.
Underlined text is added; ,.t. ,s, ..... ~,
at:-.-'- ....... ~,.. text is deleted. 5
b. SECOND CITATION: $! 50.00 $200.00 for each second offense.
c. THIRD (OR MORE) CITATION: $300 for each such offense if a
mandatory court appearance is not required by the citation. If a mandatory Court
appearance is required by the citation, the recommended fine should be more
than $350.00 but'not more than $500.00. The amount of the fine(s) shall be as
determined by the trier of fact. A mandatory court appearance shall be required
for each third and each subsequent citation if the violator has not at the time of
issuance of the citation paid all fines and all surcharges for all prior citations.
2. AGGRAVATED VIOLATIONS: For each uncontested aggravated
violation '''~ ~"' ~""'""°*"'~ "~""~*I"" being a violation of Section FIVE,
Paragraph B, (animal testing or sacrifice), or of Section SIX, paragraph 9 or 10,
or any violation of any paragraph 1 through 9 of Subsection A of Section
TWELVE (all related to animal cruelty), the fines and court appearance
obligations are as follows:
a. FIRST CITATION: $250.00 for each first aggravated violation.
b. SECOND CITATION: $300.00 $350.00 for each second
aggravated violation and a mandatory court appearance in County Court.
c. THIRD (OR MORE) CITATION: A mandatory Court appearance
and a recommended fine of more than $300.00 $400.00 but not more than
$500.00 for each ~uch aggravated violation. The amount of such fines shall be
determined by the Judge or other trier of fact.
3. A person who is required to appear in Court does not have the
option of paying the fine instead of appearing in court.
4. A citation that is dismissed by the county, by the court or by other
trier of fact shall not count as a prior citation for the purpose of determining the
number of prior citations issued to that violator.
5. Notwithstandinq anything in this Article, the individual who issues the
citation or other pleading may require a mandatory court appearance if a
mandatory court appearance is in that instance authorized by law.
SECTION NINE. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions. All fees established or changed by this Ordinance supersede
all fees established or amended by Collier County Resolution Nos. 93-404, 95-
107, 96-63, 98-178, all of which Resolutions shall be repealed by a Resolution to
be effective on the effective date of this Ordinance.
Underlined text is added; s~.:'zk t.~.rcug5 text is deleted. 6
SECTION TEN.
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish that result, and the word "Ordinance"
may be changed to "Section," "Article," or any other appropriate word.
SECTION ELEVEN. EFFECTIVE DATE.
This Ordinance shall be effective upon receipt by the Florida Department
of State.
.... PASSED AND DULY ADOPTED by the Board of County Commissioners
, Of C~311i~,~'Co<unt~t.y, Florida this ~,~.,day of ~ ,2001.
A~EST:', ', % )~.' BOARD OF COUN~ COMMISSIONERS,
Dwight E.' Brock; Clerk
By:"'.'" ~ty'Cle'rk
"At~e.$~:'a~', to Chairman's
sl~ature ~1~.
Approved as to form
And legal su~ciency
Thomas G. ~almor,
Assistant Gounty A~orney
COLLIER COUNTY,
By: ~~~~4 -- an
James 10(Carter, Ph.D., Chairm
This ordinance filed with the
ate's Ofhce 1~
S_ecretary of SAate.'s ! ' ~ ~r}p
of gx f,
~d acknowl~rdgemer~f~,th'~t
filing~received ~his 77''~ day
Underlined text is added; sm-'ck ~zcxg~ text is deleted. 7
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2001-39
Which was adopted by the Board of County Commissioners on
the 26th day of June, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th day
of June, 2001.
DWIGHT E. BROCK- .
Ex-officio to B~ard of'
County Commiss'.i. Oher~ '" '"