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DASAC Agenda 10/18/2017Collier County Board of County Commissioners Domestic Animal Services Advisory Committee October 1A,2017 6:30 pm NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEXI iiUST REGISTER PRIOR TO SPEAKTNG. ALL REGTSTERO PUBLTC SPEAKERS WILL RECETVE UP TO THREE (3) iltNUTES UNLESS THE TIME IS ADJUSTED BYTHE CHAIRPERSON. lF YOU ARE A PERSON WITH A DISABILIW WHO NEEDS ANY ACCOiIfTIODATION lN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACTTHE COLLIER COUNTY FACILITIES TIANAGEMENT DEPARTTENT LOCATED AT 3335 EAST TAI{IATII TRAIL, NAPLES, FLORIOA, 341 t 2, (239) 252-8380 l. Call to Order ll. Attendance - Establish a Quorum lll. Approval of Agenda lV. Approval of tinutes - July 18, 2Ol7 V. Director's Report Vl. Old Business A. lnhumane Treatment B. Breeder Vll. New Business Vlll. Public Comment lX. Advisory Board Member Comments X. Adjourn July 18,2017 MINUTES OF THE MEETING OF COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Naples, Florida July 18,2017 LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory Committee in and for the County of Collier, having conductd business herein, met on this date at 6:30 PM in REGULAR SESSION at Domestic Animal Services Training Room, Davis Blvd., East Naples, Florid4 with the following members present: CHAIRMAN: James Spartz (Excused) VICE CHAIRMAN: Marjorie Bloom SECRETARY: Patrice Worcester James Rich (Excused) James Seabasty Mary Baker ALSO PRESENT: Darcy Andrade, Director, DAS Kyra Lynch, Shelter Operations Manager, DAS Dan Grossi, Field Operations Manager, DAS Dr. Karen S. Brown, Shelter Veterinarian, DAS Karla Carlisle, Training Coordinator, DAS Kellie Carroll, Administrative Assistant, DAS I. Call to Order Vice Chair Marjorie Bloom called the meeting to order at 6:31 p.m. Ms. Bloom advised attendees on the functions ofthe Animal Services Advisory Board and explained the procedure to register as a public speaker. IL Attendance A quorum was established. July lt,2017 Kellie Cerroll presided over the projector displaying the Agenda packet. III. Approvel of Agenda Polrice Yorccstq made a motion to approve the agenda, there was a second and the motion carried 4-0. IV. Approvel of Minutes of the April lE,2Ol7 Meeting lim Seabasly made a motion to accept the minutes ofthe April 18, 2017 meeting, there was a second and the motion carried 4-0. V. Dir"ector's Report DerrY Andradc reported on the results from Adoptathon and the current status of Volunteer Orientation. She advised that DAS is moving forward on purchasing artificial turf for the large Meet and Greet play yard. She also advised that t}le Facilities Division's Prevenlative Maintenance crew has been painting, pressure washing and doing other work around the facility. Ms. Andnde discussed the cunent cal population and explained that DAS is putting as many cats irs possible in the lobby and in the cat rooms. The free cats promotion will continue to run while the cat population is high. Ms. Andnde advised the Board that all DAS Managers will be 611flding future Board meetings and she introduced Karla Cerliste, the new Training Coordinator. Kyre Lynch provided statistics on adoptions, transfers and the cunent population. Ms. Bloom asked if the transfer number included the animals that originally came from Humane Society Naples and were transferred back to them. Ms. Lynch advised that those animals were not included in the statistics she presented. Krrla Carlisle advised the Board that she will be conducting the dog and cat handling classes as well as the cat and dog body language classes. Dan Grossi advised the Board that two Animal Control Officers have been promoted to Senior Animal Control Officers. VI. Old Business a. Animal Car,e Sterilization Fund Darcy Andrede discussed that the funds are currently used to pay for spay/neuter services when the Shelter Veterinarian is not available and that the Board recommerded rcvising the firnd to allow for offering low cost spay/neuter services to the public. Ms. Andrade advised the Board that the Resolution has been passed by the Board of County Commissioners. Funding sources have also changed and now allow DAS to solicit and accept donations to this fimd. Fees for spay/neuter services are set by Resolution and are for those breeds and types most often brought to the July 18,2017 shelter. The program may be a voucher progmm and it can also be used to pay a veterinarian to perform surgeries in-house. Meriorie Bloom asked if the annual donation letter will make a distinction between spay/neuter ftmds and the Donation Trust Fund and was advised that it will. Kellie Carroll is exploring options to make online donations possible. Pstrice Worccster asked if there will be any assistance with transportation for people in knmokalee to bring their pets to the Naples location for surgery. Ms. Andrade advised that there are liability issues surrounding the transportation ofprivately owned animals. Public Comment Tom Kepp commented that firnds for public surgeries and frrnds used to supplement DAS surgeries should be kept separate. He also mentioned that in rural areas, people who don't have transportation won't have the surgeries performed. Mr. Kepp stated that SNIP Collier has provided low cost spay/neuter surgery for over 200 moms and puppies. He advised that programs need to start now and that either a bus or a low cost clinic is needed. Michele Antonio advised that she agrees with Mr. Kepp and asked that when rcviewing the Brceder Ordinance, please be sure to include cats. Ncw Business a. Breeder Ordinance The current ordinance requires people to rcgister as either a commercial or non- commercial breeder, but that only captures responsible people who register, not those who allow animals to roam. DAS needs to try to captur€ those who are not rcsponsible pet owners and/or breeders. Darcy Andnde would like Board members to rcsearch other comty's ordinances to see what may work for Collier County. She r€questd that Board members send ideas to her via email before the next Board meeting. Ms. Andrede will email a link to Municode to all Board members. b. Cuslomer Satisfaction Survey Darty Andnde explained who receives Customer Satisfaction Surveys via email and gave a Powerpoint presentation to illustrate the results. Approximately 400 surveys wer€ sent out and 120 responses were received. Patrice Wortester asked how the results compare to previous years and was advised that these surveys have not been conducted in previous yeam. Ms. Andrade offered to send out results fiom previous quarters. c. lnhumane treatnent VIL July 18, 2017 Drrty Aldradc would like to look at other counties and determine how they define things like 'shelter' because the state statute is vague and she is interested in shengthening Collier County's Ordinance. She asked if the Board would explore inhumane tneatment and breeder regulations for other countieVmunicipalities in the Stare of Florida and reflrrn their recommendations to Ms Andnde two weeks prior to the next meeting. Pdrice lforcakr made a motion for Board members to research inhundne treatment and breeder regulations in other counties/municipalities and to submit the results to Darq Andrude; there was a second and the motion passed 4-0. VIII. Public Comment Kelly Hylrnd deferred. Chuck Denielien deferred. Cynthie Gilbert discussed assistance for horses and inquired if there is a way to do any outreach for horse owners. Petty Tculet requested an update on the status of the air conditioning. IX. Advisory Borrd Member Comments Mery Brker requested that the status ofthe air conditioning be placed on the next Animal Services Advisory Board agenda Jim Seabasty commended DAS staff for caring for the dogs from the recent confiscation case. Marjorie Bloom made a motion to adjourn, there was a second and the motion passed 4-0. The next reguterty scheduled Advisory Board Meeting will be on Tuesdey, September 19, at 6:30 in the Domestic Animd Training Room, Devis Blvd., Naples, Floride. There being no further business for the good ofthe County, the meeting was adjoumed by the order of the Vice Cheir et 7:19 p.m. COLLIER COUNTY DOMESTIC ANIMAL SERVICES Chairman Jrmes Sprrtz Darcys Advisory Board Assignment: Current CCACO ordinance: Collier County Animd Contnol Ordinence - Inhumrne Trertment Sec. 14-28. Definitions. The following words, terrns and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal cruelty, torture or torment shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the interest of medical science, or otherwise permitted under Florida Law. Sec. 14-35. lnhumanc treatment of animals. 1.It shall b€ unlawful for any person to: A. Fight or bait animals as set forth in F.S. S 828.122, commonly known as The Animal Fighting Act." B. Maim or disfigure any dog, cat, or other animal. C. Administer poison or expose any poisonous substance with reason to know that the same may kill an animal other lhan lhe common rat or mouse. D. Confine animals without sufficient food, water, or exercise, or abandon to die any animal thal is maimed, sick, infirm, or disoased, as prohibited in F.S. S 828.13. E. Commit an act of animal cruelty in violation of F.S. S 828.12. F. Beat and cause unnecessary iniury and suffering to any animal. G. Work an animal in a sick, disoased or injured condition. H. Fail to properly remove and dispose of animal feces ftom all animal enclosures and water. l. To keep horses, cattle, or olher livestock in a manner inconsislent with recognized livestock husbandry practjces. Any enclosure used as a primary means of confinemenl for a dog must meet the definition of proper enclosure as stated in Seci or' l .1-J6 of this Ordinance. lt shall be unlawful for a responsible party to tether a dog while outdoors, except wtlen all of the following conditions are met. This section shall not apply to lhe transportation of dogs: A. The dog is in visual range of the responsible party, and the responsible party is localed outside with the dog. B. The tether is connected to the dog by a buckle-type collar or a body hamess made of nylon or leather, not less than one inch in width. C. The tether has the following properties: lt is at least five times the lengrth of the dog's body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swiyel; it does not weigh more than 1/8 of the dog's u,eight; and it is free of tangles. D. The dog is tethered in such a manner as to prevent iniury, strangulation, or entanglement. 2. E. Th€ dog is not outsido during a period of extreme weather, including without limitation extreme heat or near-freezing temperatures, thunderstoms, tomadoes, tropical storms, or hunicanes. F. The dog has access to water, shefter, and dry ground. G. The dog is at least six months of age. Dogs under six (6) month of age shall not b€ tethered. H. The dog is not sick or injured. l. Pulley, running line, or trolley syslems are at least 15 feel in length and are less than 7 feet above the ground. J. lf there are multiple dogs, each dog is tethered separately. 3 Any enclosure used as the primary confinement of cats shall provide the following conditions: A. Cats musl be provided a@ess to a receptacle containing sufficient clean litter for excr€ta and body wastes. B. Cats must be provided solid resting surface(s) that are large enough to hold all cats cornfortably. 4. The Director shall impound or make the subject of an order to provide care any animal found lo be cruelly treated as defined in this Ordinance or under Florida Law, as outlined in F.S. $ 828.073. 5. Whoever violates any provision of this section shall forfeit his right to lic€nse an animal in the County for ono )rear in addition to any olher penalty provided by this Ordinance or otherwise by law. Any ownership of such animal without benefit of a license shall be deemed an additional violation of this Ordinance. Ordinances and definitions from other counties Pinellas County o Sec. 1,t35. - Neglect (a) No person who is the owner or possessor or who has charge or custody ofan animal shall fail to provide shelter for the animal. (b) No person who is the owner or possessor or who has charge or custody ofan animal shall fail to provide water for the animal. (c) No person shall engage in animal hoarding. (d) No person who is the owner or possessor or has charge or custody ofan animal shall fail to provide adequate veterinary care to a suffering animal. (e) No person who is the owner or possessor or has charge or custody ofan animal shall fail to provide proper or adequate sustenance to any animal. (f) No person who is the owner or possessor or has charge or custody ofan animal shall fail to provide humane care and treatment. Animal hoarding means the activity of a person characterized by the following: (l) Failure to provide minimal standards of sanitation, space, nutrition and veterinary care for animals; and (2) Attompts to accumulate or maintain a collection of animals in the face ofprogressively deteriorating conditions. Hillsborough County & Pinellas County: . Sleller shall mean, provision ofand access to a three{imensional structuro having a roof, walls and a floor, which is dry, sanitary, cleaq weatherproof and made of durable material. At a minimum, the structuro must: (l) Be sufficient in size to allow each sheltered animal to stand up, tum around, lie down, and strrtch comfortably; (2) Be designed to protect the shell.ered animal from the adverse effects of the elements and provide access to shade from direct sunlight and rcgress from exposure to inclement weather conditions; (3) Be frce of standing water, accumulated waste and debris, protect the sheltered animal from injury, and have adequate ventilation and for dogs and cats, provide a solid surface, resting platform, pad, floormat or similar device that is large enough for the animal to lie on in a normal manner; and (4) Be properly lighted to provide a regular lighting cycle ofeither natural or artificial light corresponding to the natural period ofdaylight unless otherwise directed by a veterinarian. Structurcs with wire, grid or slat floors which permit the animal's feet to pass through the openings, sag under the animal's weight or which otherwise do not protect the animal's feet or toes from injury are prohibited except for birds where perches are provided- Sustenatce shafl mcan access to and the provision ofpalatable nourishment appropriate for the type of animal which is to eat it, free from contamination and provided in a clean and sanitary manncr. Food shall be of su{ficient nutritional value to maintain the animal in good health and shall bc provided at suitabte intervals for the species, age and condition ofthe animal but not less than oncc daily except as otherwise prescribed by a veterinarian or as dictated by naturally occurdng staies ofhibemation or fasting normal to lhe species. llater shall meat provision ofand access to cle{L fiesh potable water ofa drinkable tempcrature which is fiee from contamination and provided in a suitable rranner, in sulficicnt volume, and at suitablc intervals to at all times rnaintain normal hydration for lhe age, species, condition, size and types ofeach animal excepl as otherwise prescribed by a veterinarian or as dictated by naturally occurring states of hibemation. An animal confined outdoors shall have a continuous supply ofclean, freslL and potable water, unless the animal is under the direct supervision ofa responsible person at events such as dog or cat shows or field trials. In such cases, the responsible person shall ensurc sulficient water is provided to lhe animal in order to maintain normal hydration for the species of aninal. Lee County (h) It shall be unlawful for any penon to leave or deposit any poison or any substance containing poison in any common stree! road, alley, lane or lhoroughfare of any kind, or in any yard or enclosure other than that person's own yard or enclosnre, for the purpose of inflicting injury or killing any animal. Eroward County: Abandon shall mean to forsake a dog or cat in a street, road, or public or private place without providing for the car€, sustenance, prolection, and shelter of such animal. Community cats shall not be considered abandoned when retumed to the original point of pick-up or other suitable location as part ofa community cat management program. Leon County: Abandon *tr,ll mam the act ofplacing an animal on public propcrty or within a public building unattended or uncarrcd for, or on or within the private property of another without the express permission ofthe ovmer, custodian or tenant ofthe private propcrty. An animal shall also be considercd abandoned when it has been unallended and/or without adequarc foo4 waler, ventilation or shelrcr, for a period in excess of24 hours, rcgardless ofwhere such animal may be formd or kept. Such abandonment shall constitute the relinquishment ofall rights and claims by lhe owner to such animal, in accodance with F.S. $ 705.19. Palm Beach county: (5) Medical attention and/or necrssary veterinary care when an animal is siclq diseased or injured. Upon rcquest by the Divisioq written proof of veterinary carc must be provided. No person, for the purpose of that person's sexual gratilication, may: (l) Engage in a se*u21 361 l ri1h 6n enimsl; (2) Coerce any other person to cngagc in a sexual act with an animal; (3) Use any part ofthe person's body or an object to sexually stimulate an animal; (4) Videotape a person cngaging in a sexual act with an animal; or (5) Kill or physically abuse an animal. To the extent not inconsistent with this chapter the following portions ofthe Florida Statutes. in their current form and as subsequently amended, are hereby adopted and incorporated by reference except as to penalty, shall be part of this section as iflhey were set out in frrll and shall be punishable as civil infractions: (1) Section 828.058, Florida Statutes; (2) Section 828.065, Florida Statutes; (3) Section 828.08, Florida Statutes; (4) Section 828.12, Florida Statutes; (5) Section 828.121, Florida Statutes; (6) Scction 828.122, Florida Statutes; (7) Section 828.123, Florida Statutes; (8) Section 828.123 I , Florida Statutes; (9) Section 828.125, Florida Statutes; (10) Section 828.13, Florida Statutes; ( l1) Section 828.14, Florida Statutes; (12) Section 828.16, Florida Statutes; (13) Section 828.161, Florida Statutes; (14) Section 828.22, Florida Statutes; (15) Section 828.23, Florida Statules; (16) Section 828.24, Florida Statutss; and (17) Section 828.252, Florida Statutes. Nassau County: Any penon who, as the opcrator ofa motor vehicle, strikes a domestic animal shall stop at once and render suci assistance as may be possible without risking personal safety and shsll immediately report such injury or death !o the admal's owner; in the evenl lhe owner cannot be ascertahed and located, such operator shall at once report the accident to the appropriate law enforcement agency or to animal control. Alachua County A person shall not crop the ears or dock the tail of any dog, unless the person ernploys a veterinarian to perform lhe cropping and docking. lfa person possesses a dog with an ear or ears cut offor cropped, or tail docke{ and with the unhealed wound, then that gnssession is prima facie evidence of a violation of this sectiorl unless the cropping or docking was performed by a veterinarian. Darq/s Advisory Board Assitnment: Current CCACO ordinance: Collier County Animal Control Ordinence - Breeder Sec. 14-28. Defi nitions. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal-related busizess means any for-profit person or business required to hold a business tax receipt that renders services to, for or by any domestic animal, excepting commercial agricultural operations and the offices or practices of State-certified and licensed veterinarians. Examples of animal-related businesses include, but are not limited to, boarding facilities, doggie day cares, groomers, pet shops, petting zoos, pony rides, stables, and training facilities. Commercial Breeder me.ans any person or business required to hold a business tax receipt that breeds one (l) or more domestic cat(s) or dog(s) or offers one (l) or more domestic cat(s) or dog(s) for breeding or stud purposes, producing three (3) or more litters per year, or offers the kittens and puppies that are the result ofsuch breeding for sale, excepting service dog organizations that are members of Assistance Dogs Intemational. Commercial breeders are subject to agricultural zoning rcquirements ofthe Land Development Code. Non-Commercial Breeder meanns any person or business required to hold a business tax receipt that brceds one (1) or more domestic cat(s) or dog(s) or offers one (l) or more domestic cat(s) or dog(s) for breeding or stud purposes, producing one (l) to two (2) litters per year, or offers the kittens and puppies that are the result of such breeding for sale, excepting service dog organizations that ar€ members of Assistance Dogs International. Non-commercial breeders are subject to the home occupational license requirements of the Land Development Code. Premises means the principle place of operation for all animal-related businesses, animal- related organizations, commercial and non-commercial breeders, and rodeos, specifically where animals are housed on a dayto-day basis. Standards of Care rcfers lo a set of rules and regulations goveming the care and feeding of animals maintained in or by animal-related businesses, animal-related organizations, commercial breeders, non-commercial breeders, and rodeos, as adopted by the Board of County Commissioners. Sec. 14{1. Regulations for Breeders and Pet Shops. A. PermitNotitication. 1. The appropriate pemit number shall be provided on all advertisements and promotions conceming the sale or give-away of an animal. B. 2. The appropriate permit number shall be provided to all persons who buy or accept ormership of an animal. Requircments for Sare of Dogs and Cars. 1. Dogs, cats, puppies, and kittens acquired for resale must be examined by a licensed velerinarian within five businoss da)rs of ph)rsical acquisition. 2. Dogs, cats, puppies, and kiftens offered for sale must be at least eight weeks of age. 3. Dogs, cats, puppies and kittens offered for sale musl be accompanied by an Omcial Certificate of Velerinary lnspection (OCVI). 4. The OCVI must contrain the following information: a. The date of the examination by the examining veterinarian. b. The examining veterinarian's license number. c. The examining veterinarian's signature. d. The age, breed, sex, color, and any distinguishing marks of the animal. e. The heatth record of the animal. f. Any tests performed and their resutts, and any vaccinations or other treatrnents administered, including vaccine typ€, lot number, expiration date, and date of administration, including those not specifically enumerated below. g. A statement that the examining veterinarian warrants, to the best of his knoudedge, that th6 dog or cat has no sign of contagious or infeclious diseases and has no evidence of intemal or extemal parasites, including mccidiosis and ear mites, but excluding fleas and ticks. h. A statement conceming wtrcther or not the examining veterinarian has detected any ph)rsical abnomalities in the dog or cat, including but not limited to a heart murmur, and umbilical hemia, entropian, and inguinal hemia, and cryptorchidism. 5. The OCVI must document that the following inoculations, tests, and treatments have been administercd, unless the veterinarian certifies on the OCVI that to inoculate or denorm the animal is not in the best medical inlerest of the animal, in which case the vaccine or anlhelmintic may not be administered to that particular animal: a. For dogs or puppies: i. Vaccination against canine distemper, leptospirosis, bordetella, parainfluenza, hepatitis, and canine parvovirus. A rabies inoollation must be provkled for any dog over three moflths of age. ii. Dhgnostic tests to detect the following intemal parasites: hookworms, roundworms, whipworms, tapeworms, coccidia and giardia. Heartworm detection musl occur for dogs six months of age or older. Appmffiale treaknent for all positive findings must be documented. b. For cats or kittens: i. Vaccination against panleukopenia, feline viral fiino tracheitis, and calici virus. A rabies inoculation must be provided for any cat over three months of age. ii. Diagnostic tests to detect the following intemal parasites: hookworms, roundworms, tapeworms and coccidia. Appropriate treatment for all positive findings must be dooJmented. iii. Diagnostic lest to detect Feline Leukemia with lhe resuh listed on the OCVI. 6. lf the animal is less than four months of age, the tests, va@ines, and anthelmintics required above must be administered no more lhan twenty-one days before sale within the county. lf the c. animal is four months of age or older, the tesls, vaccines, and anthelmintics required above must be administerd at or after three months of age, but no more than one year before sale within the county. 7. The sale of the dog, cat, puppy, or kitten shall take place no more than thirty days after the OCVI has been issued. 8. lf a dog, cat, puppy, or kitten is not sold within thirty days of the issuance of the OCVI, then a new examination and OCVI must be obtained. 9. All dogs, cats, puppies and kittens offered for sale must be implanted with a microchip. Records. '1. Breeders shall maintain records of each litter of puppies and kittens bom. Such records shall include the date of birth, number of puppies and litters bom, and the license tag number of each parent. 2. Pet shops shall maintain records of each animal acquired for sale. Such records shall include the name and address of the sourcc of lhe animal, the animal's date of birth, and date the animal was received. 3. Breeders and pet shops shall maintain a separate record of each animal sold containing the breed, sex, color, and identifying marks of the animal; all OCVIS and medical records for each animal; the name and address of the purchaser; and the number of the microc*rip implanted in the animal. lf the disposition of the animal is not through sale, the records shall indicate the type and dale of disposition, including the name and address of any subsequent owner, if one exists. 4. lf a dog or cat dies while in the possession of a breeder or pet shop, the breeder or pet shop shall secure the services of a licensed veterinarian to detemine lhe cause of death or suspected cause of death. The veterinarian shall document the date of death and known or suspected cause of death on an OCVI. 5. Records indicating the disposition of all animals shall be fonivarded to animal services on a quarterly basis. 6. All records as describ€d herein shall be kept fora period of two years. 7. All records shall be made available to the inspecting officer upon request. Disc/osu/es. 1. At the time of sale, breeders and pet shops must provide the purchaser with: a. A copy of the crmplete record pertaining to the individual animal as described above; b. Literature to be provided by animal services outlining the provisions of ihe Collier County Animal Control Ordinance; and c. A copy of F.S. S 828.29, Dogs and cats transported or offered for sale; heafth requirements; @nsumer guaranlee. 2. The above information must be provided to prospective purchasers upon request. E. Pet Lemon Law. 1. All breeders and pet shops must comply with any applicable provisions of F.S. S 828.29 Dogs and cats transported or offsred for sale; health requirements; @nsumer guarantee. Where any conflict exists betrv€en these standards and this section, the more restrictive shall apply. 2. This section does not in any way limit the rights or remedies that are otherwise available to a consumer under any other law. D. Palm Beach County Definitions: Breeding *tall mealr sexual intercouse or artificial insemination ofan animal, the result ofwhich may be offspring- o Class A breeder means a prson who holds a class A license issued by the United States Department ofAgriculture pursuant to 7 U.S.C. $ 2l3l et seq., and regulalions pronulgated thereunder. Class B dealer means a person who holds a class B license issued by the United States Departrnent of Agriculture pusuant to 7 U.S.C. $ 2l3l et seq., and regulations promulgated thereunder. Commercial breeder shall mean any person who engages in the sale or breeding of more than two (2) litters ofdogs or cats or twenty (20) dogs or cats, whichever is grea&r, per one-year period. Hobby breeder slall mean any person who intentionally or unintentionally causes or allows the breeding or studding of a dog or a cal or engages in the breeding of up to two (2) litters of dogs or cats or nineteen ( t 9) dogs or cals per household or premises per one-year period. Pet dealer shol,l mean any person who, in commerce, for compensation or profit engages in the sale of a dog(s) or ca(s) for use as a pet but who does not engage in breeding dogs or cats. This definition excludes humane societies, private animal nonprofit organizations, animal rescue organizations and shelters. o Sec.4.29. - Hobby breeder permits. (a) Hobby breeder permits. ( I ) No person shall breed a dog or cat or offer a dog or cat for breeding or stud purposes \yithout first obtaining an appropriate breeding permit issued by the Division. No person shall maintain unsterilized dogs over six (6) months ofage or unsterilized cats over four (4) months of age together without first obtaining an appropriate brteding permit from the Division. No cat shall be brcd unless it is a pedigreed cat registered as such with the Cat Fancier Association or the Intemational Cat Association. No hobby breeder p€rmit shall be issued unless the cats to be bred are pedigreed cats registered as such with the Cat Fancier Association or the Intemational Cat Association. The cost ofthe permit and other related fees shall be established by the Board by resolution. (2) Hobby breeders shall: a Not breed more than two (2) litters or more than nineteen (19) dogs, cats, puppies, or kittens during a one-year period; b. Not offer for sale, sell, trade, receive any compensation for or give away morc than two (2) litters or more than nineteen (19) dogs, cats, puppies, or kittens during a one-year perid; c. Keep records for the duration ofthe hobby breeder permit and all permit renewals as to the birlh ofeach litter ofpuppies or kittens and shall make such records available for reviow by the Division upon request; d. Keep records including bul not limited to records conceming rabies vaccinations, all other inoculations and any medical condition(s) of each dog, ca! puppy or kitten intended to be sold, given away, or otherwise conveyed; e. On a quarlerly basis, the namc, address, and telephone nunber of lhe new owner of any dog cat puppy or kitten placed or a notice that no animal was sold during the quarter shall be provided to the Division; f. Fumish to each new owner ofa dog ca! puppy or kitten the hobby breeder pennit number so the new owner has proof and assurance that the animal was legally bred; g. Not offer a puppy or kitten undcr the age of eight (8) weeks for sale, trade, other compensation or free giveaway, with the exception ofnnirnals taken to an animal shelter; h. Recommend to each new owner that any animal sol4 transferred or given away be examincd by a licensed veterinarian within one (l) week ofthe date of transfer and notifr the new owner of State requirements for rabies vaccinations; i. List the person's hobby breeder permit number on all advertisements and literature concerning the sale or free giveaway ofany dog ca! puppy or kitten of the hobby breeder; j. Adhere to minimum standards regarding the care and manner ofkeeping of animals as provided in soction 4-24. animal care; manner ofkeeping and k. Allow &e Division to inspect the premiscs wherein an animal that is lhe subject of a hobby breeder permit is maintained and to view any animal that is the subject ofthe permit, ifthe Division has probable cause to believe that a violation of5pqllq4lL}L animal care; manner of keeping, exists. Such insp€ction will be limited to that necessary to ascertain compliance with section 4-24. animal carc; manner of keeping. Ifa hobby breeder rcfirses to allow the Division to perform an inspection as provided hereiq the Division may apply for a warrant pursuant to Florida Statutes Ch. 933. All reports ofsuch inspections shall be in writing and maintained by the Division. U1Efn17 Mi.mi - Dade Coonv, FL Codo oI OrdirEnce6 Sec. '13. - Kennel. breeder, pet dealer, pet care center, and hobby breeder license requirements; appeal procedures. (e) (0 No person shall act as or perform services as a kennel, breeder, pet dealer, pet care center, or hobby breeder in Miami-Dade county without first obtaining the applicable license from the Department. No Person may keep, maintain, or otherwise harbor the number of dogs set forth in Section 5-l (17) of this chapter without first obtaining a kennel license as provided in this section; hobby breeders shall be subject to this requirement. Hobby breeders who sell more than two litters peryear per household shall be deemed to be pet dealers and shall be regulated as such for purposes of this chapter. A separate license shall be required for each location that the services of a kennel, breeder, pet dealer, pet care center, or hobby breeder are being performed. lt is provided that, if multiple services are offered at the same location, only one license shall be required for that location, but the licensee shall pay the highest applicable license fee among the offered services. No license shall be issued unless the subject location is zoned or approved for that use byShapler j3 of this code or by the applicable municipal zoning code. APPlication for a license shall be on a form prescribed by the Director for a kennel, breeder, pet dealer, pet care center, or hobby breeder, respectively. Terms of licenses. Each license for a kennel, breeder, pet dealer, pet care center, or hobby breeder shall be renewed annually. All licenses shall expire on September 30 ofeach year. Each licensee shall be responsible for renewing his license on or before October first of each year as long as the kennel, breeder, pet dealer, pet care center. or hobby breeder operates in Miami-Dade county. Notwithstanding the foregoing, a person who validly registered as a hobby breeder with Miami-Dade County prior to February 21, 2008 shall not be required to pay any additional license fee; it is provided, however, that such person shall otherwise comply with the requirements of this section and that the failure to annually renew the hobby breeder license within 60 days ofthe renewal deadline shall be deemed an abandonment of that license. Licenses shall not be transferable. The license fee for each type of license shall be established by implementing order approved by the Board of the County Commissioners. Animal control agencies operated by a municipality that are subject to this section shall be registered with the Department but shall be exempt from license fees. Premises on which animals are kept and records required to be maintained shall be subject to inspection by the Department for compliance with this chapter. (1 ) Hobby breeders shall not be subjec to the requirements ofleE!iga_5-9 of this chapter. lt is provided, however, that upon request from the Department, hobby breeders shall provide records demonstrating that they have not exceeded the sales limit of two litters per year per household and (a) (b) (c) (d) G) 41 2417 Mi{rmi - Dad6 Cornty, FL Code of frimncos the limit on how often each female dog may be bred. ln addition. upon receipt of a complaint, the Department may inspect the premises on which a hobby breeder maintains animals for compliance with Section 54 of this chapter. lhl License number required on written advertisements. (a) No person may knowingly publish an adveftisement identirying a business offering kennel, breeder, Pet dealer, pet care center, or hobby breeder services regulated by this chapter, unless the advertisement includes the number of the license issued pursuant to this chapter. (b) For purposes of thls section, advertisement includes, without limitation, announcemenB, listings, displays, entries, or other written statements containing the name of the licensee or identifi/ing the services offered by the licensee or by a person regulated bythis chapter, and that are placed in a magazine or periodical, newspaPer or inserts, audio broadcasting or telephone directory, on the internet, or on vehicles or equiPment, when such written statement describes or encompasses services regulated by this chapter. (il Denial, suspension, or revocation.The Director may deny, suspend, or revoke a license or renewal where the applicanVlicensee: (1) Has refused to allow the Department to inspec the premises on which animals are kept, the mobile unit in which seryices are provided to animals, or the records required to be maintained by this chapter or by state law, provided that the first such refusal shall result in suspension of the license until inspection is allowed; (2) Has outstanding unpaid fines for violations of this chapter; (3) Has been found guilty of repeat violations of this chapter; (4) Has been found guilty of animal cruelty or neglect under this chapter, Chapter B2g, Florida Statutes, or the laws of any other state; (5) Has been an officer, principal, director, partner, division, shareholder owning or controlling ten (1 o) percent or more ofthe stock, or other organizational element of a business organization recognized by the State of Florida that meets any of the criteria specified in subsections (1 ) through (4) above; or (6) ls a business organization recognized by the State of Florida, and any of its officers, principals, directors, partners, divisions, shareholders owning or controlling ten (1 O) percent or more of the stock, or other organizational elements meet any of the criteria specified in subsections (1) through (5) above. \11 Appeals.The applicanUlicensee shall receive written notice of the Director's determination to deny, suspend, or revoke a license or renewal. The Director's determination may be appealed by providin& within seven (7) calendar days of receipt of the written notice, a written request for an administrative hearing; the request shall be delivered to the address provided on the written notice. lf a request for a hearing is received more than seven (7) calendar days from the date of the written notice, the hearing - *u i Mirna - m county, FL codo d frinano officer shall be precluded from exercising jurlsdlction, and the appeal shall be dismissed as untimely. An administrative hearing shall be conducted in accordance with the provisions set forth in Chapter gCC of this code. No person aggrieved by a determination of the Director may apply to the court for relief unless they have first exhausted the remedies provided for herein and taken all available steps provlded in this section. while an appeal is pendin& the Director's determination shall be stayed. (k) Operating as a kennel. breeder, pet dealer, pet care center, or hobby breeder after suspension, revocation, or denial ofa license or renewal is a violation of this section. (Ord. No. 08-10, I 1,1-22-08; Ord. No. 12-80, 5 4, 1O-2-'t2; Ord. No. 1+76,9 4,9-3-141 u15f2017 Chapbr 4 - DOGS AND CATS I Co(!e of frinancas I Broward County, FL I Municode Ubrary enclosed area where a dog is confined shall be kept free of. objects that may in,ure the dog. Dogs shall not bemaintained outdoors during periods of extreme weather including, but not timiteO to, nurric--anesltropicalstorms, and tornados. (0 Dogs shall be given appropriate daily exercise. (g) Hoarding of dogs or cats is not permitted and shall be deemed cruelty to animals pursuant to Section 4-17.(Ord. No.87-21, S 1,5-12-87: Ord. No.2013-10, S 1,2-12-13) Sec.4-6.5. - Breeder permits and requirements. (a) No breeder shall cause or allow the breeding of a dog or cat, or ofier a dog or cat for breeding or studpurposes, without first obtaining a breeder permit issued by the Division. ihe cost of the permit and otherrelated fees shall be established by the Commission by resolution.(b) A breeder permit is valid for a period of one (1 ) year from the date of issuance and must be renewed annually.Renewal applicalions for permits shall be made at least thirty (30) days prior to expiration.(c) No permit shall be renewed hereunder to any applicant that has outstanding and unsatisfied civil penaltiesimposed due to violations of this article. (d) A breeder permit is not transferable, assignable, or refundable. (e) Breeders shall comply with the following: (1) Keep records, forthe duration ofthe breeder permit and all permit renewals, of the birth of each litter ofpuppies or kittens, and make such records available for review by the Division upon request;(2) For a period of at least three (3) years, keep veterinary records of rabies vaccinations, aI otherinoculations, and any medical condition(s) of each dog, cat, puppy, or kitten bred to be sold, given away,or otherwise conveyed; (3) on a yearly basis, provide to the Division lhe name, address, and telephone number of the new owner ofeach dog, cat, puppy, or kitten sold, given away, or conveyed that remains within Broward County;(4) Furnish to each new owner of a dog, cat, puppy, or kitten the breeder permit humber, providing proof andassurance that the animal was legally bred, the microchip number of tie animal, and i copy oi tn" OCViHealth Certificate; (5) Not offer a puppy or kitten under the age of eight (8) weeks for sale, trade, other compensation, or gift,with the exception of animals taken to an animal shelter;(6) Not breed or offer for stud any animal thal will result in more than a total of one (.1) litter per adult animalper calendar year, provided, howevel that stud services may be provided outsid'e of Browara County - more than one (1) time per calendar year. Stud services means the act of mating a male dog or cat, eitherartificially or naturally, with a female dog or cat for compensation, monetary or olherwise, pr6vided io theowner of the male dog or cat; (7) Recommend to each new owner that any animal sold, transferred, or given away be examined by a licensed veterinarian within one (1) week of the date of transfer and notiry tfre new owner of state and local requirements for rabies vaccinations and County registration; (8) List the breeder permit number on all advertisements and literature concerning the sale or gift of any dog,cat, puppy, or kitten of the breeder; (9) Adhere to minimum standards regarding the care and manner of keeping of animals, as provided in Section 4-6 of this article; (10) Provide a valid, current OCVI Health Certificate for inspection, with all dogs and cats offered for sale, exchange, or other conveyance, at the time they are conveyed; (11) Provide a medical history of the sire and dam as well as, when possible, a medical family history of the sire and dam; (12) Present a copy of a valid, current OCVI Health Certificate to any animal care specialist upon demand for review, provided, however, that animal shelters and rescue groups offering animals for adoption are exempt from this requirement; and (13) Allow an animal care specialist to view each animal that is the subject of a breeder permit and to inspect the premises unannounced and unscheduled where the animal is maintained. Such inspection will be limited io that necessary to ascertain compliance with Section 4-6. lf a breeder refuses to allow the animal care specialist to perform such inspection, the Division may apply for a warrant pursuant to applicable provisions of Chapter 933, Florida Statutes. w1 m17 Chaprer 4 - DOGS AND CATS | co(lo ot Ordinencas I Bowq.d Counv FL I Municod€ UbBry (f)Obtaining a breeder permit. (1) A person seeking a breeder permit shall apply to the Division on a form approved by the Division.(2) The permit applicetion shall include, but not be limited to, the following information:a. The name, address, and telephone number of the applicant;b. A statement as to whether the applicant has ever been found to have violated the prohibitions againstcruelty to animals in this article, or has been convicted of the offense of cruelty to animals, undeiState law, or has been the subject of a final judgment entered under Section ti28.073, FlorioaStatutes, or any other Frorida statute prohibiting animar negtect or mistreatment;c. A description (species, breed, sex, age, coloration) of each animal to be bred or used for stud underthe permit; d. A description of the activity for which the permit is requested; ande. verifiable proof that all required animals are current on rabies vaccination and registration.(3) lf the applicant withholds or falsifies any information on the application, no permit shill be issued and anypermit previously issued to the applicant based on false or withheld information shall be revoked(4) No person previously found by a Hearing Ofiicer to be in violation of the cruelty section of this chapter, orconvicted of cruelty to animals pursuant to Section 828.073, Florida Statutes, or who has been thesubjecl_of a finaljudgment pursuant to Section 828.073, Ftorida Statutes, or any olher Florida statuteprohibiting animal neglect or mistreatment, shall be issued a breeder permit. Permit procedures. (1) The permit applicant shall provide a completed application to the Division, supply all information requested by the Division, and pay the applicable permit fee. (2) Permit applications shall remain open for thirty (30) days from the date of submittal to the Division in order for applicants to make corrections and to meet minimum requirements. Exemption for veteinarians, animal hospitals . Licensed veterinarians and licensed animal hospitals providing animal reproduction and related veterinary services in the course of their business shall be exempt from thisordinance. Violations. (1) Failure by a breeder to obtain a permit prior to using or offering to use an animal for breeding or stud shallconstitute a violation. (2) Reapplication by a breeder Jor a permlt less than thirty (30) days before the expiration of the existingpermit shall constitute a violation- (3) Refusal by a breeder to allow an animal care specialist to inspect an animal or the premises as provided in this article shall constitute a violation. (4) Counterfeiting a breeder permit or oCVl Health Certificate or maliciously destroying a breeder permit shall constitute a violation. Permit denial, revocation, and suspenslon. (1 ) The Division may deny, revoke, or suspend any permit if it is determined that:a. There has been a material misstatement or misrepresentalion in the permit application;b. The applicant or permit holder has been held in violation for at least three (3) violations of this article within the preceding two-year period; c. The applicant or permit holder has failed to pay a flne or to request a hearing as provided in this article within thirty (30) days after issuance of a violation; d. The applicant or permit holder has been found by a Hearing Officer to be in violation of the cruelty section of this chaptel or convicted of a violation of law involving cruelty to animals, or has been subject to a final judgment pursuani to Section 828.073, Florida Statutes; e- An animal under the care and responsibility of an applicant or permit holder has been found to be in need of immediate veterinary care that, if not treated, would result rn suffering, pain, or death, and the applicant or permit holder did not address the medical need in a timely manner; or f. A breeder has exceeded the maximum number of litters permitted per calendar year. (2) No permit fee shall be refunded for a permit that is revoked or suspended. (3) lf a permit is either denied, revoked, or suspended, the Division shall provide written notification of the denial, revocation, or suspension to the applicant or permit holder by certified mail, return receipt requested; hand delivery by an ofiicer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process. (s) (h) (r) U) 6n 5/2017 Cnalbf 4 - DOGS Al,aD CATS I Co(b o, Ordnenc€s I Bru.,ard Cour y, FL I Munkodo Lbrsry (4) Appearprocess. a- Any permit applicant or holder who has been denied a permit or whose permit has been revoked orsuspended may appeal this.action to a Hearing offcer pursuant to section 4-12.5, within ten (10)days after the mailing of notice by the Division to the permit appticint & trotolEthe adverse action.A written notice of appeal and Hearing officer deposii must be fited with the Division within tenliol " days after the notification of the deniar, revocation, or suspension of the permit.b' Unless otherwise.provided herein, the hearing before the Hearing Officer shall be govemed bySection 4-1 2.5, "Hearings." c. The denial, revocation or suspension of the permit shall be upheld or reversed by the Hearing Officer.d. All final decisions to uphold or reverse shall be reviewable in accordance with applicable court rules.(5) Owner requirements following notice of adverse action or appealprocess.a' lf the notice of adverse action of denial or revocation of a breeder permit is not appealed, the permitapplicant or holder shall not operate or shall cease to operate as a breeder. lf the notice of adverseaotion of suspension of a breeder permit is not appealed, the permit applicant or holder shall notoperate or shall cease to operate as a breeder pending the Division's determination of compliance.b. Any person whose permit has been revoked may not reapply for a period of one (1) year after therevocation of the permit. Each reapplication for a permit shail be accompanied by a iee to beestablished by the commission by resolution. (k) Violations of this article are subiect to a fine as established by the Commission by resolution. Each violation ofthis article shall be considered a separate infraction of this article.(l) All fees and fines associated with this section shall be utilized for spay and neuter programs. (Ord. No.2013-34, S 2, 10-8-13)