Agenda 02/12/2013 Item #11C 2/12/2013 11 .C.
EXECUTIVE SUMMARY
Recommendation to approve proposed changes that would repeal and replace the Animal Control
Ordinance(Ordinance No. 2008-51, as amended) and direct the County Manager or his designee to
advertise ordinance changes to be approved by the Board at a future meeting
Objective: To insure the health of the human residents and visitors of the County, with the
secondary purpose of insuring the health of the animals in the County; and to support the mission
of animal services, as established by the Board of County Commissioners: To ensure compliance
with local and State animal-related laws; to return strays to their owners and promote the
adoption of homeless animals to new families; and to work toward ending the community
problem of pet overpopulation.
Considerations: At its November 8, 2011 meeting, the Board of County Commissioners heard a
public petition from Colleen MacAlister(6B) and a regular agenda item presented by staff(10E),
both concerning enforcement of the Animal Control Ordinance. The Board directed that the
Domestic Animal Services Advisory Board create a subcommittee to formulate proposed
changes to the Animal Control Ordinance and bring back its findings.
Two major areas of concern, based on public input, were the need for 1) additional regulation
with respect to cat and dog breeding and 2) a prescriptive system for the issuance of penalties
and consequences for non-compliance with the same.
At is March 27, 2012 meeting; the Board of County Commissioner approved conceptual changes
to the Animal Control Ordinance in three major areas:
1. Strengthening the existing provisions within the Animal Control Ordinance that allow for
permitting and inspections of certain animal-related businesses and expanding the same
to include cat and dog breeders.
2. Introducing language that would result in consistency in the issuance of penalties, allow
some persons cited to take a responsible pet ownership class, and establish a process for
advancing uncollected civil citations to County Court.
3. Revising provisions in the Dangerous Dog section to more strictly align with State
Statute.
Subsequent to BCC approval of these conceptual changes, the Ordinance Revision
Subcommittee, and then the complete Domestic Animal Services Advisory Board, met
frequently throughout the spring, summer, and fall to formulate and then publicly vet changes to
the Animal Control Ordinance.
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The culmination of fourteen Ordinance Revision Subcommittee meetings and three advisory
board meetings at which ordinance changes were discussed was the advisory board's
recommendation to the BCC at its October 4, 2012 meeting that ordinance revisions as
formulated to that date be approved by the BCC.
Subsequent to that meeting, staff prepared an executive summary and ordinance revision
documents for the upper management and the Board's consideration. As part of the routine
review process this item was reviewed by the County Attorney's Office. Upon review of the
advisory board-recommended ordinance revisions, the County Attorney found some proposed
changes to be potentially legally indefensible.
The County Attorney then prepared further revisions, retaining all advisory board changes that
did not present a conflict. This final version of ordinance revisions was presented to the Board of
County Commissioners at its December 11, 2012 meeting, but lacked Domestic Animal Services
Advisory Board support. The BCC requested that an Advisory Board-endorsed version of the
Ordinance changes also be presented to facilitate full comparison.
At its January 15, 2013 meeting the Domestic Animal Services Advisory Board voted to delegate
authority to its Ordinance Revision Subcommittee to finalize a version of Ordinance changes
they could support. On January 29, the Ordinance Revision Subcommittee of the Domestic
Animal Services Advisory Board voted to forward their finalized version of Ordinance changes
(attached)to the Board of County Commissioners with their recommendation for adoption.
Notable differences between the two versions of the ordinance are as follows:
• The advisory board-recommended version redefines animal "cruelty," "neglect," and
"abuse," and defines neglect as failure to meet standards of care. The staff-recommended
version redefines animal "cruelty," "neglect," and "abuse;"to mirror that of F.S. 828.
• A forthcoming standards of care ordinance is proposed in the advisory board-
recommended version to apply to all animal owners. The staff-recommended version
applies these standards to businesses, organizations, and breeders required to be
permitted by Animal Services.
• The advisory board-recommended version removes Animal Control Officer discretion
and mandates that a penalty be issued each time a violation is witnessed or verified. The
staff-recommended version maintains officer discretion, and also includes a
recommended penalty schedule to encourage consistency in the issuance of penalties.
Of particular importance to advisory board members is the issue of advancing uncollected
citations to county court; they believe this should be a mandatory process. Under Section Eleven,
paragraph 4, subparagraph N. within the proposed Ordinance, the advisory board recommends
that it read "The County shall institute proceedings in the court of competent jurisdiction to
compel payment of any unpaid civil penalty." The advisory board believes that it is important to
use the word "shall" to ensure that prosecution of citations is pursued aggressively and
consistently in all cases.
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Like the advisory board, staff is earnestly committed to pursuing uncollected citations in County
court as a means of fully enforcing the Animal Control Ordinance. To do so with greatest
efficiency as well as effectiveness, staff does not recommend using the word "shall . . ." but
rather that the language read "The County may . . ." as presented. Compulsory advancement of
all citations is unadvisable, as it would force staff to bring forward all cases to court, even if the
new process turns out to be unfruitful. Discretion is needed to avoid incurring court costs without
winning fine revenues if the courts show a pattern of not ruling favorably on these cases.
For consistency and clarity, staff recommends repealing and replacing Ordinance 2008-51, as
amended, due to the extensive revisions and additions.
Fiscal Impact: The proposed changes to the ordinance are expected to increase workload for
staff. The level of impact is not yet fully known, but staff proposes that the changes be
implemented using existing resources. Concomitantly, operating revenues are expected to
increase through the increased issuance of citations; improved collection of fines, and fees from
the proposed pet ownership classes.
At its December 3, 2012 meeting, the advisory board voted 5-1 to recommend to the BCC that
DAS be given special consideration when it comes to budget cuts, in light of the fact that the
department's responsibilities involve the care of living beings.
Growth Management Impact: No Growth Management Impact is associated with this action.
Legal Considerations: This item has been reviewed by the County Attorney's Office, is legally
sufficient and requires a majority vote for approval. -ERP
Staff Recommendation: That the Board of County Commissioners approves staff-
recommended proposed changes that would repeal and replace the Animal Control Ordinance
(Ordinance No. 2008-51, as amended) and directs the County Manager or his designee to
advertise ordinance changes to be approved by the Board at a future meeting.
Prepared by: Amanda Townsend, Director, Domestic Animal Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.C.
Item Summary: Recommendation to approve proposed changes that would repeal and
replace the Animal Control Ordinance (Ordinance No. 2008-51, as amended) and direct the
County Manager or his designee to advertise ordinance changes to be approved by the Board at
a future meeting (Amanda Townsend, Director Animal Control Services, Public Service Division)
Meeting Date: 2/12/2013
Prepared By
Name: GuevaraEkna
Title: VALUE MISSING
1/23/2013 11:55:55 AM
Submitted by
Title: VALUE MISSING
Name: GuevaraEkna
1/23/2013 11:55:56 AM
Approved By
Name: TownsendAmanda
Title: Director-Domestic Animal Services,Domestic Anima
Date: 1/23/2013 3:41:30 PM
Name: BetancurNatali
Title: Operations Analys, Parks &Rec-NCRP Admin
Date: 1/25/2013 8:39:03 AM
Name: BetancurNatali
Title: Operations Analys,Parks&Rec-NCRP Admin
Date: 1/25/2013 8:52:26 AM
Name: BetancurNatali
Title: Operations Analys, Parks&Rec-NCRP Admin
Date: 1/25/2013 9:01:13 AM
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Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/29/2013 8:11:18 AM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 1/31/2013 7:45:48 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 2/1/2013 8:39:56 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/1/2013 10:23:48 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/1/2013 11:26:04 AM
Name: OchsLeo
Title: County Manager
Date: 2/3/2013 12:49:04 PM
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D A S Advisory Board Subcom mittee Ordinance R eco m mendation
PART I-CODE
Chapter 14-ANIMALS
ARTICLE IL-ANIMAL CONTROL
Collier County, Florida,Code of Ordinance
ARTICLE II. -ANIMAL CONTROL
Sec. 14-26. -Construction and purpose.
Sec. 14-27.-Definitions.
Sec. 14-28.-Authority of director;interference with officer in performance of duty.
Sec. 14-29.-Enforcement.
Sec. 14-30.-Complaints.
Sec. 14-31. -Rabies control.
Sec. 14-32.-License certificate;tags, vaccination required.
Sec. 14-33.-General violations.
Sec. 14-34.-Inhumane treatment of animals.
Sec. 14-35. -Dangerous or vicious dogs;definitions and procedures.
Sec. 14-36. -Penalties.
Sec. 14-37.-Disposition of impounded animals.
Sec. 14-38. -Kennel,pet shop,stable and rodeo permits.
Sec. 14-39. - Inspections of animal-related businesses and organizations, and breeders.
Sec. 14-40. -Wild animals.
Sec. 14-41.-Psittacine birds.
Sec. 14-42.-Feral cats.
Sec. 14-43.-Standards of Care
Sec. 14-44—14-50 Reserved
Sec. 14-26. -Construction and purpose.
This article is, and shall be deemed to be, cumulative and supplemental, and in addition
to any other act, law or
ordinance of the county or any municipality therein. This article is enacted with the
primary purpose of insuring
the health of the human residents and visitors of the county and with the secondary
purpose of insuring the
health of the animals in the county. This article is to be liberally construed to affect those
objectives.
The article is established to support the mission of animal services, as established by
the board: To ensure
compliance with local and State animal-related laws; to return strays to their owners and
promote the adoption
of homeless animals to new families; and to work toward ending the community problem
of pet overpopulation.
Sec. 14-27. -Definitions.
The following words, terms and phrases,when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abuse means any willful act that threatens the health of an animal or causes suffering or
injury to the animal.
Aggressive animal means any animal of fierce or dangerous propensities likely to cause
physical injury or property damage or that exhibits traits of ungovernableness.
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Animal means every living dumb creature.
Animal cruelty means any act of animal neglect of animal abuse.
Animal-related business means any person or business required to hold a business tax
receipt that renders services to or for any animal, excepting 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,
and training facilities.
Animal-related organization means any not-for-profit entity that maintains premises for
the purpose of rendering services to or for any domestic animal. Examples of animal-
related organizations include, but are not
limited to, rescues that maintain specific premises as a central location for their activities,
sanctuaries, and animal shelters
Animal services means the Collier County Domestic Animal Services Department.
Animal services center means any place approved as such by the Board of County
Commissioners for the detention, care and/or treatment of animals in custody.
At-large means off the premises of the owner and not under the direct control of the
owner or other competent person, on a suitable leash of dependable strength sufficient
to restrain the animal.
County veterinarian means a veterinarian, duly licensed by the state, appointed by the
director of animal services to be a consultant to the county health department and to the
director of animal services.
Commercial Breeder means any person or business required to hold a business tax
receipt that breeds one(1) or more domestic cat(s) or dog(s) or offers one(1) 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 of such breeding for
sale. Commercial breeders are subject to agricultural zoning requirements of the Land
Development Code.
Dangerous or vicious dog means any dog that according to the records of the
appropriate authority:
(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a
human being on public or private property;
(b) Has more than once severely injured or killed a domestic animal while off the owner's
property; or
(c) Has, when unprovoked, chased or approached a person upon the streets, sidewalks,
or any public grounds in a menacing fashion or apparent attitude of attack, provided that
such actions are attested to in a sworn statement by one or more persons and dutifully
investigated by the appropriate authority.
Direct control means the immediate, continuous physical control of an animal at all times
by such means as a fence, tether, or suitable leash of dependable strength sufficient to
restrain the animal; or specially trained hunting animals engaged in legal hunting, or
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animals engaged in shows or organized obedience training programs where the animals
respond to commands.
Director of animal services means the director of the Collier County Domestic Animal
Services Department, or his or her designee.
Eamotched means a"v" has been cut from the tip of the left ear of a cat.
Eartipped means the tip of the left ear of a cat has been cut in a straight line.
Feral cat means a cat that is free roaming and exists in a wild or untamed state.
Feral cat caregiver means any person who provides food, water, or shelter, or otherwise
cares for(a) feral cat(s).
Feral cat colony means a group of cats that congregates, more or less, as a unit.
Nonferal cats that congregate with a feral cat colony shall be deemed a part of it.
Health officer means the director of the County health department, or his designee.
Hobby breeder means any person or business that breeds one or more domestic cat(s)
or dog(s) or offers one or more domestic cat(s) or dog(s)for breeding or stud purposes,
producing two or fewer litters in a year.
Livestock means all animals of equine, bovine, or swine class, including sheep, goats
and other grazing animals.
Microchip means an animal microchip implant that is an identifying circuit placed under
the skin of a dog, cat, or other animal. The chips are about the size of a large grain of
rice.
Neglect means any act of omission, or any failure to act, including failure to meet
established standards or care, that results in suffering or preventable disease in an
animal.
Owner means any person having a right of property in an animal, or any person with the
right or duty to control an animal, or any person then physically controlling, possessing,
harboring or keeping an animal.
Psittacine birds means all birds commonly known as parrots, Amazons, Mexican
doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds, Loris, lorikeets,
and other birds of the Psittacine family.
Research or testing means any use of any animal in any vivisection, including
demonstration or practice surgery, medical or biomedical research, medical
experimentation, medical or nonmedical education, or to test any medication, radiation,
toxicity, element, chemical or chemical compound, or to study the effects of any
consumer product on humans or animals, or for use in biological production or other
substantially similar research or testing for scientific, medical, biomedical, educational, or
veterinary purpose, by any individual, school, college, university, hospital, laboratory, or
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any other institution or entity of any description, public or private. Such uses of an animal
that does not expose any animal to any incision or puncture, to torture, torment,
or cruelty, to any immediate or future damage or impairment, or to unusual stress, is not
research or testing as defined herein.
Rodeo means any event or show involving the use of equines, and/or bovines for the
exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging, where a
fee is charged to witness the event.
Tether means to restrain a dog by tying the dog to any object or structure, including
without limitation a house, tree, fence, post, garage, or shed, by any means, including
without limitation a chain, rope, cord, leash, or running line. Tethering shall not include
using a leash to walk a dog.
Trap-neuter-return means the practice of humanely trapping feral cats; ensuring they are
spayed or neutered, vaccinated, and earnotched or eartipped; and returning them to
their feral cat colonies.
Trap-neuter-return program means the practice of trap-neuter-return and other best
management practices intended to diminish the population of feral cats within the
community.
Vaccination means administering to any animal, pursuant to a certificate of vaccination
issued by a licensed state veterinarian, an anti-rabies vaccine approved by the state
department of health and rehabilitative services.
Wild animal means any living non-domesticated species defined as wildlife by the wildlife
code of the state fish and wildlife conservation commission, and any free-roaming cat or
dog.
Sec. 14-28. -Authority of director; interference with officer in performance of duty.
A. The director of animal services (hereinafter"director") shall have all necessary
authority to enforce this article and pick up, catch or procure any animal in violation of
this article, and have such animal impounded within the animal services center or other
designated place.
B. The director shall have authority to enter upon any public or private property, except a
building designated for and actually used for residential purposes and other buildings
within the curtilage of the principal residential building, for the purpose of enforcing this
article.
C. It shall be unlawful for a person to interfere with, hinder, molest or abuse the director,
the health officer, or any of their subordinates in the performance of their lawful duties
under this article or under Florida law.
D. It shall be unlawful for any owner of any animal to refuse to surrender such animal for
impoundment or quarantine as provided by this article when demand for surrender of the
animal is made by the health officer, director of animal services, or other enforcement
officer.
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E. The director is hereby granted authority to establish reasonable rules and regulations
to govern the care and feeding of animals maintained in or by animal-related
businesses, organizations, and events, rodeos and hobby and commercial breeders
upon resolution by the board.
F. The Director or the Sheriff of Collier County, or their respective designees, shall have
the authority to destroy any free roaming untagged dog or cat when other reasonable
means and methods to capture are tried but failed, or when a diligent search has been
made to establish ownership including microchip scan has failed, and it has been
ascertained by citizen complaint or investigation that the animal has aggressive
tendencies and poses a threat of injury to persons or other animals, or has caused
bodily injury to a person or has physically injured or killed livestock.
Sec. 14-29. -Enforcement.
A. By animal control enforcement officer and sheriff. The director of animal services, any
animal control enforcement officer, or officer of the sheriffs office, is empowered to
enforce this article
B. By municipal police. Upon resolution approved by the governing board of any
incorporated municipality within the confines of the county,the police force of any such
municipality is empowered to enforce the provisions of this article within that municipal
corporation.
C. By agents, employees of animal services department
1. Designation. The director of animal services is hereby authorized to designate
agents or employees of the county department of animal services as animal control
enforcement officers. It shall be the responsibility of the director to determine the
training and qualifications of any employee or agent so designated, subject to
minimum requirements specified in F.S. § 828.27.
2. Authorization. It shall be the duty of any person designated as an animal control
enforcement officer to enforce this article and subsequent amendments hereto
relating to animal control.
3. Authorized to issue penalties. Any person designated as an animal control
enforcement officer is hereby authorized to issue penalties as outlined in Section 14-
36 for violations of this article and subsequent amendments hereto. The form of
penalty issued shall be established by statute and resolutions of the BCC.
4. Limitation of powers. Nothing herein contained shall be construed to authorize or
permit any person designated as an animal control enforcement officer pursuant to this
section, to perform any function or duties of a law enforcement officer other than
specified herein. No such officer shall make physical arrests or take any person into
custody. All such officers shall be exempt from the requirements relating to the
state high-hazard retirement program and police standards and training commission as
defined or referred to by F.S. § 122.34 and F.S. ch. 943.
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Sec. 14-30. -Complaints.
A. Complaints for alleged violation of this article shall be communicated to the director of
animal services, sheriffs office or police department. Upon receipt of a complaint, an
investigation shall be conducted to determine if there is any violation of this article. If it is
ascertained that any provision of this article is being violated, proper and lawful action
will be taken to enforce this article.
B. Upon receipt of more than one"affidavit of complaint"for any violation of this article,
each prepared and signed independently by a resident of a separate dwelling in the
vicinity of the violation, and acknowledged under oath before an individual authorized by
law to take acknowledgements, setting forth the complained of acts, an enforcement
officer shall investigate the facts to determine if the acts complained of are a violation,
and, if satisfied that a violation has occurred, shall issue a penalty for the violation,
including, subject to F.S. §828.27, and conditions of this article, a mandatory court
appearance or appearance before the special magistrate.
C. intentional falsification of information on an "affidavit of complaint" shall be a violation
of this article, and punishable as provided in section 14-36
Sec. 14-31. -Rabies control.
A. The director of animal services shall give first priority to requests of the health officer
to investigate cases involving rabies or the suspicion of rabies.
B. Any person having knowledge of an animal biting, scratching or otherwise wounding
a person by contact shall immediately report the facts to the County health
department or to the department of animal services, including:
1. The victim's name, approximate age and address;
2. The animal owner's name and address;
3. The animal's description and location; and
4. Names and description of other persons and animals involved.
C. An animal known to have bitten or scratched a human or an animal suspected of
having rabies shall, if possible, be captured or taken into custody by the director of
animal services, police, sheriffs office, or health officer.
1. Unvaccinated dogs and cats will be impounded and quarantined for ten days of
clinical observation in the animal services center or at a local veterinarian clinic
authorized by the health officer or director of animal services. Impoundment and
boarding fees will be paid by the owner of the animal. Other animals will be
impounded and quarantined by direction of the health officer or director of animal
services.
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2. Dogs or cats that have a current vaccination may be confined under quarantine by
fence or suitable enclosure on the premises of the owner, or at some other location
approved by the health officer or the director of animal services.
3. Earnotched or eartipped feral cats will be impounded and quarantined for ten days of
clinical observation in the animal services center if possible. If the cat cannot be
trapped for impoundment, it will be observed daily by its feral cat caregiver. Feral
cats that are not earnotched or eartipped will be deemed to be unvaccinated.
D. Wild animals that are susceptible of carrying rabies, that are being held in captivity, or
possessed as pets by private persons who are properly licensed, but which animals
have not been vaccinated with a proven anti-rabies vaccine that has been developed for
that specified species of animal and which vaccine is recognized as an effective vaccine
by the health officer, or for which no known rabies incubation period has been
established by research recognized by the health officer, which animal has either bitten
a human being or which animal is suspected of having rabies, shall be impounded and
quarantined by the director of animal services upon the recommendation of the health
officer. The animal will be held in quarantine for a specified period of time as directed by
the health officer.
1. A wild animal may be euthanized at the discretion of the health officer for the
purpose of laboratory analysis to determine if the animal is rabid when the health
and/or welfare of the person bitten by that animal is in jeopardy.
2. The decision whether to euthanize the animal will be based upon history of possible
exposure of the animal to rabies.
E. Any animal possessed in a licensed attraction, zoo, circus, or educational institution,
and that is known to have bitten a human being, shall be isolated and subjected to a
quarantine period at a location as directed by the health officer or director of animal
services. in determining the quarantine and location, the decision will be made on
the history of the animal's possible exposure to rabies.
F. No animal may be removed from the place of quarantine without the prior written
authorization of the health officer or director of animal services, or his or her
designee. If any animal dies during quarantine, the person holding the animal in
quarantine shall immediately notify the health officer or director of animal services,
and shall immediately surrender the body of the animal without altering the body in
any manner.
G. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is bitten
by a known rabid animal shall be immediately destroyed. If it is an owned animal,
however, the owner may elect to have the animal confined and quarantined at the
animal services center, or at another location approved by the health officer or director of
animal services, for a period of up to six months. All costs of the detention of the animal
will be at the expense of the owner.
H. The director of animal services, sheriff or municipal police officer shall have authority
to kill an animal in order to procure an animal that is susceptible of carrying rabies and
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oft
that is known to have bitten a human being or is suspected of having rabies, provided
that all other reasonable means and methods under the circumstances to capture the
animal have failed. The head of the animal, intact, shall then be submitted to a
designated laboratory to be analyzed for rabies infection.
Sec. 14-32. -License certificate; tags, vaccination required.
A. Any owner of a dog or cat shall obtain a County license for each such animal when
the animal is four months old or older.
1. The license will be issued for a period of one year and is required to be renewed
annually thereafter and must remain current at all times.
2. The record corresponding to the license shall contain the name of the owner,
address, breed, sex and color of each animal, or other descriptive data.
3. A tag designating the license number shall be issued.
4. The tag shall be affixed to the animal's collar or harness at all times, except when the
animal is confined, securely fenced or participating in an organized match, show,
trial, or obedience training.
5. The license issued under this section shall not be transferable from animal to animal
or from owner to owner.
6. Each license and tag must be obtained from persons designated by the director of
animal services. License forms provided by the director of animal services for the
registration and licensing of dogs and cats shall be completed and be submitted to
the director of animal services.
7. Veterinarians are authorized to sell dog licenses and cat licenses and are authorized
to charge a surcharge for this service. The amount of the authorized surcharge is
established and revised by resolutions adopted by the Board of County
Commissioners. Forms and license tags will be furnished by the County to the
veterinarian.
(a) Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for
rabies when the animal is four months old or older. The owner of every dog, cat, and
ferret shall have the animal revaccinated 12 months after the initial vaccination.
Thereafter, the interval between vaccinations shall conform to the vaccine
manufacturer's directions. Every owner shall provide proof of vaccination upon
demand of the health officer or his designee or any other person authorized to
enforce this article. Animal services may deny issuance of a license to any animal
without a current rabies vaccination. No vaccination is required if a licensed
veterinarian certifies in writing that the vaccination would endanger the animal's
health.
(b) Cats belonging to feral cat colonies that are registered with an agency contracted
with Collier County to manage a trap-neuter-return program shall be exempt from the
requirement to license.
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(c) Cats and dogs being permanently housed in a sanctuary-type setting as an
alternative to humane euthanasia where the housing entity is a permitted animal-related
organization in good standing with animal services as contemplated in Sections 14-38
and 14-39 shall be exempt from the requirement to license.
(d)Cats and dogs being temporarily housed in a foster-type setting as an alternative to
traditional sheltering where the housing entity fosters the animal for a period of less than
four months shall be exempt from the requirement to license.
(e) License fees are established and revised by resolutions of the Board of County
Commissioners. A portion of each non-neutered/non-spayed animal license fee will be
deposited in the County neuter/spay trust fund for the The amount to be deposited is
purpose of funding the County's neuter/spay program.
established and revised by resolutions adopted by the Board of County Commissioners.
Sec. 14-33. -General violations.
A. It shall be unlawful for the owner of an animal to allow or permit his or her animal:
1. To be upon the beaches of the county, whether fettered or unfettered, unless the
area has been designated by the board as suitable for use by such animals, except a
certified seeing-eye or hearing-ear dog actually in use by handicapped person, or
animals used by law enforcement officers or county ordinance enforcement
personnel.
2. To run at large in or upon any public street, road, sidewalk, other public place, or
upon private property without the expressed or implied consent, subject to zoning, of
the owner or any lessee of such private property.
3. To be within any park or upon public school grounds or public playground in the
county, whether fettered or unfettered, except where the landowning or managing
agency has established a clearly designated area for such use.
4. To enter any building where food is stored, prepared, served or sold to the public, or
any other public building or hall; provided, however, that this provision shall not apply
to any blind or deaf persons using seeing-eye or hearing-ear dogs,to public
buildings used for animal shows or exhibitions, or to dogs used for enforcement by
any law enforcement officer or code enforcement officer.
5. To trespass upon private or public property so as to damage or destroy any property
or thing of value, or to defecate and create a sanitary nuisance thereon, including
defecating upon roadways, road rights-of-way, sidewalks, or other property so as to
create a sanitary nuisance thereon. A sanitary nuisance exists whenever the feces
are not immediately removed and properly disposed.
6. To chase, run after, or jump at vehicles or bicycles using any road or road right-of-
way.
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7. To snap, growl, snarl,jump upon, or otherwise threaten persons lawfully using any
road right-of-way.
8. To bark,whine, howl, or cause other objectionable noise, which is offensive and of
such a continuous duration of time so as to create a nuisance.
9. It shall be unlawful for an owner to keep, harbor or maintain any aggressive dog or
any dog with aggressive propensities in a manner which may or does endanger the
safety of persons lawfully upon his premises or away from his premises or to own or
possess a dog that is known to habitually attack, injure, or kill other animals.
10. It shall be unlawful for any owner to permit, allow or suffer any livestock to run at
large or stray upon any roads and highways, or upon the property of another without
permission of the property owners or their authorized agent or lessee, subject to
zoning.
11. It shall be unlawful to keep any female dog or cat in heat(estrus)which is not
confined to a building or secure enclosure, veterinary hospital, or boarding kennel
and in such a manner that the female dog or cat can come in contact with any male
dog or cat except for intentional breeding with a specific male dog or cat.
12. It shall be unlawful for any person, business, or corporations to sell, rent, or lease a
dog, or train a dog for the purpose of selling, renting, or leasing the dog, for the
purpose of defending, patrolling, or protecting property or life at any nonresidential
establishment.
Sec. 14-34. —Animal cruelty or inhumane treatment of animals.
A. Neglect.
1. Neglect means any act of omission, or any failure to act, including failure to meet
established standards or care, that results in suffering or preventable disease in an
animal.
2. Minimum standards of care are established by resolutions of the BCC.
3. It shall be unlawful to neglect any animal, such as to:
(a). Deprive any animal of shelter or sufficient quantity of good and wholesome food and
water.
(b). Keep any animal in an enclosure without wholesome exercise and change of air.
B. Abuse.
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1. Abuse means any willful act that threatens the health of an animal or causes
suffering or injury to the animal.
2. It shall be unlawful for any person to abuse any animal, such as to:
(a) Cause, encourage, allow, permit or suffer any dog, cock, or other animal to
participate in, or be trained to fight other dogs or cocks, or to maim, mutilate or
disfigure an animal of the same or another species, including as an object(lure)to
tempt or entice another animal to race, usually on a track
(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 than the common rat or mouse.
(d) Abandon and thereby relinquish control of an animal with the intent or purpose of
setting the animal at large.
(e) Abandon to die any animal that is maimed, sick, deformed or diseased.
(f) Beat and cause unnecessary injury and suffering to any animal.
(g) Dye or artificially color any animal.
(h) Confine an animal in an unattended motor vehicle without sufficient ventilation or
under other conditions for such periods of time as may endanger the health and/or
physical well-being of the animal due to heat, lack of potable water, or such other
circumstances as may reasonably cause suffering, disability, or death to the animal.
C. Confinement.
1. Any enclosure used as a primary means of confinement for a dog must meet the
definition of proper enclosure as stated in Section 14-35 of this Article.
2. It shall be unlawful for a responsible party to tether a dog while outdoors, except
when all of the following conditions are met. This section shall not apply to the
transportation of dogs:
(a). The dog is in visual range of the responsible party, and the responsible party is
located outside with the dog.
(b). The tether is connected to the dog by a buckle-type collar or a body harness made
of nylon or leather, not less than one inch in width.
(c). The tether has the following properties: It is at least five times the length of the dog's
body, as measured from the tip of the nose to the base of the tail; it terminates at both
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ends with a swivel; it does not weigh more than 1/8 of the dog's weight; and it is free of
tangles.
(d).The dog is tethered in such a manner as to prevent injury, strangulation, or
entanglement.
(e).The dog is not outside during a period of extreme weather, including without
limitation extreme heat or near-freezing temperatures, thunderstorms, tornadoes,
tropical storms, or hurricanes.
(f). The dog has access to water, shelter, and dry ground. At all times.
(g). The dog is at least six months of age. Dogs under six month of age shall not be
tethered.
(h). The dog is not sick or injured.
(i). Pulley, running line, or trolley systems are at least 15 feet in length and are less than
7 feet above the ground.
(j). If there are multiple dogs, each dog is tethered separately.
D. The director of animal services shall impound any animal found to be abused as
defined in this article. The director of animal services may impound any animal found
to be neglected as defined in this article.
1. Whoever violates any provision of this section shall forfeit his right to license an
animal in the County for one year in addition to any other penalty provided by this article
or otherwise by law. Any ownership of such animal without benefit of a license shall be
deemed an additional violation of this article.
Sec. 14-35. -Dangerous or vicious dogs; definitions and procedures.
This section is to exactly mirror State Law.
Sec. 14-36.—Penalties.
A. For a violation of Section 14-32 Section 14-34 (c), or Section 14-39 of this article, the
director of animal services, deputy sheriff, municipal police officer, or other
enforcement officer empowered to enforce this article, shall issue to the owner of(or
to the person in custody of)the animal a citation and notice to comply under which
the recipient must come into compliance within fifteen days of receipt. For violations
of Section 14-39, animal services may specify a shorter time period within which the
recipient must come into compliance. If the requirements of the Notice to Comply are
completed, there will be no penality assessed.
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B. For any violation of section 14-33 of this article,the director of animal services,
deputy sheriff, municipal police officer, or other enforcement officer empowered to
enforce this article, shall issue to the owner of(or to the person in custody of) such
animal a notice of violation, A fine of$25.00 is to be paid to animal services
within 72 hours, excluding Saturdays, Sundays and legal holidays. If the notice of
violation fine is not paid within the prescribed time, a citation may be issued.
C. A violation of this article is a civil infraction as provided in F.S. § 828.27. For any
violation of this article, not included in (a) or(b) of this section, the director of animal
services, deputy sheriff, municipal police officer, or other enforcement officer empowered
to enforce this article, shall issue to the owner of(or to the person in custody of) such
animal a citation.
D. A citation issued by an animal control enforcement officer under the provisions of this
section shall be in a form prescribed by the BCC. Such citation shall contain all known
information required by F.S. § 828.27, including the date and time of issuance of the
citation; name and address of the person in violation; the date of the violation;
description of the animal involved; the section or sections of this article, or subsequent
amendments, violated; the facts constituting probable cause; name and authority of
the citing enforcement officer; also the procedure for the person to follow in order to pay
the civil penalty, to contest the citation, or to appear before the special magistrate when
a mandatory appearance is required as specified in the citation or when scheduled by
the code enforcement department, in which case there is no option but to appear before
the special magistrate; the applicable civil penalty if the person elects not to contest the
citation and the applicable civil penalty if the person elects to contest the citation; also a
conspicuous statement of the effect of failure to promptly pay the fine or appear before
the special magistrate or in court. Subject to the limitations now or hereafter specified in
F.S. § 828.27, a mandatory special magistrate or court appearance may be required by
the issuing officer. Mandatory appearances before a special magistrate may also be
ordered by the special magistrate as specified in this section, or as otherwise within the
special magistrate's authority.
1. Upon conviction of any civil infraction, the violator shall be punished by a fine not to
exceed $500.00 in the discretion of the court or special magistrate, as applicable.
Each day of the violation or noncompliance as to each animal shall be considered as
a separate and distinct offense. In addition, any person convicted under any
provisions of this article shall pay all costs and expenses involved in the case.
2. Each violator shall be required to pay an administrative surcharge of$5.00, plus a
$2.00 surcharge to pay the costs of the 40-hour minimum standards training course
for animal control enforcement officers for each cited violation
3. Each person or entity that commits one or more civil infraction(s) under this article,
but does not contest the citation, shall pay a fine for each such separate offense as
follows
(a) Non-aggravated violations.
Fines for an uncontested citation of violation of any provision of this article such as
Section 14-37, Section 14-43 or14-30C except any aggravated violation described in
subsection (b) below and as defined above, are as follows:
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(1). First citation: $100.00 for each first offense.
(2). Second citation: $200.00 for each second offense.
(3). Third (or more) citation: $300.00 for each such offense.
If a mandatory appearance is not required by the animal control enforcement officer
named on the citation. If a mandatory appearance is required by the animal control
enforcement officer named on 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 special magistrate or other trier of fact. A mandatory 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.
(b) Aggravated violations. A violation of subsection 14-34(b), or a second offense
violation of subsection 14-34(a) or subsection 14-35, shall be considered an
aggravated violation. For each uncontested aggravated violation, the fines and
appearance obligations are as follows:
1. First citation:$250.00 for each first aggravated violation.
2. Second citation: $350.00 for each second aggravated violation and a mandatory
appearance before the Special Magistrate.
3. Third(or more) citation (s):A mandatory appearance and a recommended fine of
more than $400.00 but not more than $500.00 for each such aggravated violation. The
amount of such fines shall be determined by the Special Magistrate or other trier of fact.
4. Animal services may authorize and establish an educational program aimed at
teaching responsible pet ownership. When such a program becomes available any
person who receives a citation may elect to attend in lieu of payment. The person
cited shall be responsible for any cost associated with attending the course.The
person cited must register and pay for the course within 20 days of receipt of the
citation. Registration and payment for the course constitutes admission of the
violation and in so doing the person waives his or her right to contest the violation to
the Special Magistrate. The course must be successfully completed within 90 days of
receipt of the citation. Upon completion of the course, the civil penalty will be waived;
however, a person may not make an election under this subsection if the person has
successfully completed this course within the preceding 12 months or if the citation
requires a mandatory appearance before the special magistrate. A person may make
no more than two elections under this subsection. Successful completion of the
course does not constitute dismissal of the violation as a first(or subsequent)
offense.
5. A person who is required to appear does not have the option of paying the fine
instead of appearing before the Special Magistrate.
6. A citation that is dismissed by the county, or by the Special Magistrate 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.
Amok
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7. The violator's failure to pay the fine, and/or to timely request a hearing before the
Special Magistrate may result in an admission of guilt. The code enforcement
department shall give notice to the violator that a hearing will be conducted concerning
the alleged violation(s) and/or unpaid fines. The notice shall be in similar form to that
described in the Collier County Code Enforcement Special Magistrate Ordinance and
state the time and place of the hearing, as well as the violation(s)which are alleged to
exist and/or the accruing fine amount, if applicable. The Special Magistrate's findings
shall be reduced to writing and recorded in the official records.
8. Notwithstanding anything in this article, the individual who issues the citation or other
pleading may require a mandatory appearance if a mandatory appearance is in that
instance authorized by law.
9. If the named violator is properly noticed of the hearing and fails to appear,the
Special Magistrate may hear the citation and impose any penalties allowed by this
article.
10. The named violator or the county may seek to overturn a final order of the Special
Magistrate by making application to the county court for a trial de novo on the merits.
Such application must be filed within 30 calendar days from the rendition of the order
sought to be overturned. A violator will have the right to a de novo proceeding
provided that all administrative remedies have been exhausted. Failure to make such
application within the required time period will render the findings and order of the
Special Magistrate conclusive, binding, and final.All findings of the Special
Magistrate will be evidence at any de novo proceeding held pursuant to this
subsection.
11. If the named violator or the animal control enforcement officer fails to appear in court
the court may issue an order to show cause. Such order shall require such persons
to appear before the court to explain why action on the citation has not been taken or
the court may render a civil judgment up to $500.00. If any person who is issued an
order to show cause fails to appear in response to the courts directive,the county
shall ask the court to hold such person in contempt and subject to all penalties
contained in such a finding by the court.
12. If any penalty provision specified by F.S. § 828.86 is amended, such amended
penalty provisions shall apply to this article without further action by the board of county
commissioners.
13.The County shall institute proceedings in a court of competent jurisdiction to compel
payment of any civil penalty. If a person fails to pay the civil penalty, or fails to
appear in court as may be required, then the court may issue an order to show cause
upon the request of animal services.The person shall be required by the court to
appear before the court to explain why action on the citation has not been taken. If
any person who is issued such order fails to appear in response to the court's
directive, the county shall ask the court to hold such person in contempt and subject
to all penalties contained in such a finding by the court.
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14. Nothing herein contained shall prevent or restrict the county from taking such other
lawful action in any court of competent jurisdiction as is necessary to prevent or remedy
any violation or noncompliance. Such other lawful actions shall include, but shall not be
limited to, an equitable action for injunctive relief and an action at law for damages.
Sec. 14-37. -Disposition of impounded animals.
A. Impounded animals not suspected of having an infectious or contagious disease
shall be held for a minimum of five full days (120 hours)to provide time for the
animal's owner to notify staff of intent to recover the animal.The director of animal
services or designee shall make at least three attempts to contact the owner of an
impounded animal if the owner's identity is known or easily ascertained, before the
animal's humane disposition. Dogs, cats, and other animals not claimed within the
five-day period, may be adopted, or may be euthanized by any method specified in
F.S. §828.058.
B. Animals.shall be released to owners on presentation of proof of ownership and
payment of costs and fees.
C. Fees.
1. Fees related to impoundments may include, but are not limited to; impoundment fees,
advertising fees for impounded livestock, laboratory and veterinarian fees, transportation
fees, and daily board.
2. Fees are established and revised by resolutions adopted by the board of county
commissioners
D. Microchipping.
1. Cats and dogs that have been impounded shall be microchipped by animal services'
staff at the owner's expense prior to being released to the owner. Microchipping shall
be required based on the first impoundment.
3. Animals that are already microchipped when impounded must have the information
on the microchip recorded by animal services.The information must be accurate and
current. If the information is not current, the owner must come into compliance with
this section prior to having the animal released.
4. At the discretion of the director of animal services the animal may be released to the
owner if the owner signs a sworn statement representing that the animal will be
implanted with a microchip by a licensed veterinarian. The owner will be required to
submit a statement within ten days, signed by a licensed veterinarian, confirming that
the animal has been so implanted and provide the microchip number to animal
services. No microchipping is required if a licensed veterinarian certifies in writing
that microchipping would endanger the animal's health.
E. Mandatory spay/neuter.
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1. Cats and dogs that have been impounded shall be spayed/neutered at the owner's
expense prior to being released to the owner. Spay/neuter shall be required based on
first impoundment.
2. At the discretion of the director of animal services the animal may be released to the
owner if the owner signs a sworn statement representing that the animal will be
spayed/neutered by a licensed veterinarian. The owner will be required to submit a
statement within ten days, signed by a licensed veterinarian, confirming that the animal
has been so sterilized. No spay/neuter is required if a licensed veterinarian certifies in
writing that the surgery would endanger the animal's health or if a licensed veterinarian
with whom the pet owner has a previously established doctor-patient-client relationship
certifies in writing that the animal is of appropriate health, conformation, and
temperament to be bred. Such certification is to be made on a sworn statement provided
by the County. The owner of the animal will also certify on a sworn statement to be
provided by the County that he or she will comply with the provisions of this ordinance
regulating hobby and commercial breeders.
F. Unclaimed Animals.
Animals not claimed within a five-day period may be adopted, subject to the provisions
below:
1. Adoption fees are established and revised by resolutions adopted by the board of
county commissioners.
2. A portion of each adoption fee for a dog or cat will be deposited in the county
neuter/spay trust fund for the purpose of funding the county's neuter/spay program.
The amount to be deposited is established and revised by resolutions adopted by the
board of county commissioners.
3. 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.
4. Dogs and cats that are adopted shall be microchipped by animal services' staff at the
adopter's expense prior to being released to the adopter.
5. Dogs and cats that are adopted shall be spayed/neutered by animal services'
veterinarian or a licensed veterinarian contracted by animal services prior to being
released to the adopter.
6. If a dog or cat adopted from animal services is not sterilized prior to placement in the
adopter's home, the adopter shall have the animal sterilized by a licensed veterinarian
within 30 days of the adoption or prior to the animal's sexual maturity. The adopter shall
enter into a written agreement with the county guaranteeing such sterilization. If the
subsequent sterilization is not performed by animal services'veterinarian or a licensed
veterinarian contracted by animal services, the adopter shall be responsible for the
expense. Assumption of financial responsibility does not relieve the adopter of the
requirement to provide written proof of sterilization within the specified time limit.
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7. No person, or on behalf of any other person or entity whatsoever, shall acquire or
attempt to acquire actual or constructive possession of any animal for any use in
research, testing, animal fighting, or animal sacrifice,from the actual or constructive
possession of any county animal services center, or from any person or entity operating
or controlling any animal custody facility, pound, or animal shelter that is then leased
from the county by a lease that prohibits such use, or is then under a contract with the
county which contract prohibits such use. Such use includes the immediate or eventual
sale, transfer, gift, trade, donation, delivery, or any other provision of any animal for use
in research, testing, and/or animal sacrifice. No employee, volunteer, worker, agent or
other representative of any such entity shall knowingly release from the actual or
constructive possession of any such entity, any animal for any such known or suspected
use.
G. Failure to comply with the requirements of section shall be a violation of this article
and punishable as provided in Section 14-36.
Sec. 14-38. -Animal-related business, animal-related organization, and breeder
permits.
(a) Every person who owns or operates an animal-related business or animal-related
organization shall, obtain a permit from the director of animal services. A fee will be
charged for the permit. Permit fees are established and revised by resolutions of the
board of county commissioners. The director of animal services shall issue an
animal-related business or organization permit after receipt of this fee and inspection of
the business or organization premises if he determines that the premises meet
established standards and regulations as established by the board.That permit shall be
displayed within the licensed premises at a place where it is clearly visible to the public.
An animal-related business or organization permit is valid for one calendar year and
must be renewed annually. Renewal applications must be made thirty days prior to
expiration of the permit. Permits are not transferable or refundable.
(b) Commercial and hobby breeders must obtain the applicable breeder permit from the
director of animal services. The permit number shall be listed on all advertisements used
by the breeder. A fee will be charged for the permit. Permit fees are established and
revised by resolutions of the board of county commissioners. The director of animal
services shall issue a breeder permit after receipt of this fee if he determines that the
breeder meets established standards and regulations as established by the board.
A breeder permit is valid for one calendar year and must be renewed annually. Renewal
applications must be made thirty days prior to expiration of the permit. Permits are not
transferable or refundable. Failure to obtain a permit prior to operating as a breeder shall
constitute a violation of this ordinance.
Sec. 14-39. -Inspections of animal-related businesses and organizations, rodeos
and breeders.
A. The owner or operator of any animal-related business, organization or event and
every breeder shall properly feed and care for each animal in his custody or control
and meet standards of care and regulations as established by the BCC.
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B. The director of animal services shall inspect the premises of any animal-related
business and any animal-related organization on an annual basis. The director of
animal services will inspect the premises of any breeder on a quarterly basis.
C. Refusal to allow the director of animal services to inspect any premises, animal, or
records associated with any animal-related business, organization or event, or any
breeding operation, shall constitute a violation of this ordinance.
D. The director of animal services shall issue a notice to comply if any animal-related
business, organization or event or breeder fails to comply with the above mentioned
standards and regulations in accordance with Section 14-36.
E. The premises shall be re-inspected within a time period specified by animal services
after issue of a notice to comply. Failure to correct or take positive action to correct
each discrepancy is a violation of this article.
F. Every person or organization who sponsors or operates a rodeo shall, at least thirty
(30) days prior to the date of the event, make application to the director of animal
services for a permit to operate. The fee for such application and permit shall be
established and revised by resolutions of the Board of County Commissioners. The
director of animal services shall issue a rodeo permit after receipt of this fee and
inspection of the event premises if he determines that the event will meet established
standards and regulations as established by the Board of County Commissioners. That
permit shall be displayed at the event at a place where it is clearly visible to the public.
The director of animal services shall inspect the premises of any rodeo prior to or within
twenty-four(24) hours of the commencement of that event.
Sec. 14-40. -Wild animals.
1. It shall be unlawful for any person to maintain or keep a wild animal except:
A. Owners licensed by the State Fish and Wildlife Conservation Commission and
confined to the owner's premises in a cage or enclosure.
B. A wild animal for exhibition purposes maintained by a licensed circus,zoo, attraction
or educational institution.
Sec. 14-41. -Psittacine birds.
A. Psittacine bird known to be infected with the Psittacosis virus, or to have been
associated with a bird known to be infected, shall be quarantined until released by the
health officer. No bird shall be removed from where an infected bird is found until the
quarantine is lifted.
B. When human contamination is traced to an aviary a reasonable number of birds will
be confiscated for virus examination.
C. Infected birds shall be killed and their bodies immersed in two percent Creosol and
burned before the feathers are dry if the bodies are not shipped for laboratory
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examination. Shipment for laboratory examination shall be made in accordance with
instructions by the health officer.
Sec. 14-42. -Feral cats.
A. Feral cat colonies shall be permitted when registered with an agency contracted with
Collier County to manage a trap-neuter-return program.
B. Feral cat colonies shall be managed in compliance with the terms and conditions of
such a contract.
C. In the event animal services receives a complaint of an alleged violation of Section
14-33 of this Article, the agency contracted with Collier County to manage a trap-
neuter-return program shall be given 15 days to remedy said violation. Thereafter, all
normal provisions of this Ordinance apply.
D. For the purposes of enforcement of this Ordinance, a feral cat's caregiver shall be
considered its owner.
Sec 14-43 Standards of Care.
1. The Standards of Care for Domestic Animals in Collier County are hereby established as
follows.
I. GENERAL STANDARDS OF CARE
A. Any person keeping an animal must provide that animal: 1.Freedom from hunger or
thirst by ready access to fresh water and a diet to maintain full health and vigor;2.
Freedom from discomfort by providing an appropriate environment including shelter
and a comfortable resting area; 3. Freedom from pain,injury or disease by prevention
or rapid diagnosis and treatment;4.Freedom to express normal behavior by providing
sufficient space, and proper facilities;and 5. Freedom from fear and distress by
ensuring conditions and treatment which avoid mental suffering.
II. STANDARDS OF CARE FOR DOGS AND CATS
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A.Housing construction and maintenance
1.Animal enclosures must be designed, constructed and maintained so they:
a. Are structurally sound and in good repair
b.Are made of material impervious to fecal matter and urine and that can be easily
disinfected
c. Are clean, dry,and sanitary
d. Have no sharp points or edges that could injure the dogs and cats
e. Protect the dogs and cats from injury
f. Keep predators and unauthorized individuals from easily accessing the enclosure
g. Provide a shelter with a solid roof that provides shade to all the dogs and cats housed in the
enclosure and protection from extreme temperatures and weather conditions that may be
uncomfortable or hazardous to the dogs and cats
h. Provide the dogs and cats with easy and convenient access to food and water as further
specified herein
i. Have floors which are constructed in a manner that protects the dogs' and cats' appendages
from injury and that will not allow the dogs' and cats'appendages to pass through any
openings in the floor,
j. Will not allow the feces or urine from one enclosure to contaminate another,and
k. Contain clean, dry, bedding material.
2.Airline type containers normally used for shipping and transporting animals shall not be
used to permanently house animals.
3.Notwithstanding the foregoing, animal services may approve the use of alternative
materials when the responsible party demonstrates that all surfaces in the animal enclosure
are clean and properly disinfected.
B.Enclosures used as a temporary means of confinement(crating)
1. Enclosures used as a temporary means of confinement(for no more than ten continuous
hours) must provide sufficient space for each animal to comfortably stand up, sit down, lie
down,and turn around in the shelter. If the shelter is used for more than one animal at the
same time, it must provide enough space for each animal to comfortably stand up, sit down,
lie down and turn around simultaneously. Requirements for maintenance for appropriate
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housing and temperatures within this document apply to the temporary confinement of dogs.
Temporary confinement as in crating is to be done indoors only.
C.Enclosures used as a primary means of confinement
I. Any enclosure used as a primary means of confinement for a dog must meet the definition
of proper enclosure as defined in the Animal Control Ordinance. Proper enclosure means
that,while on the owner's property,the dog can be securely confined indoors or in a securely
enclosed pen or structure,suitable to prevent the entry of unauthorized persons and animals
and designed to prevent the animal from escaping. Such a pen or structure shall be
structurally sound,made of materials impervious to moisture,have secure sides and a secure
top to prevent the animal from escaping over, under,or through the structure,and shall also
provide protection from injury and the elements. The square footage of a proper enclosure
used as a primary means of confinement for a dog must be equal to or greater than the length
of the animal from the tip of the nose to the base of the tail,doubled,then squared,and
divided by 144.For example, an animal measuring 30 inches from the tip of the nose to the
base of the tail will require a 25-square-foot enclosure(30 x 2=60; 60 x 60=3,600;
3,600/144=25).The height of the enclosure shall be equal to or greater than the length of the
animal from the tip of the nose to the base of the tail multiplied by 1.5. If the shelter is used
for more than one animal at the same time, it must provide the required square footage for
each animal.
D.Enclosures housing cats
Where cats are kept in enclosures, a receptacle containing sufficient clean litter must be
provided to contain excreta and body wastes. Litter pans shall be cleaned or changed daily or
more often when necessary.
Each animal enclosure housing cats shall contain a solid resting surface or surfaces that, in
the aggregate, are large enough to hold all the occupants of the animal enclosure at the same
time comfortably.The resting surfaces must be elevated, impervious to moisture and able to
be easily disinfected, or easily replaced when soiled or worn.
E. Outdoor confinement of dogs
Any dog maintained outdoors for all or part of the day in a fenced yard shall be provided a
minimum of eighty square feet of open space. An additional forty square feet shall be
required for each additional dog kept in the same enclosed area. Each dog shall be provided
sufficient shelter within the enclosed area.Any enclosed area where a dog is confined shall
be kept free of objects and substances that may injure the dog and shall be cleaned regularly
to remove feces and urine.Dogs shall not be maintained outdoors during periods of extreme
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weather including but not limited to hurricanes,tropical storms,and tornados. Requirements
for maintenance for appropriate housing and temperatures within this document apply to the
outdoor confinement of dogs.
F. Sanitation
1. Any premises where dogs and cats are kept shall have drainage and plumbing adequate to
handle the load of daily cleaning.
2. All animal enclosures including floors,walls and doors shall be cleaned,sanitized and
dried daily.
3.Cleaning solutions used shall not be toxic or harmful to the animals and shall be used in
accordance with manufacturer's directions.
4. Dogs and cats shall not be directly exposed to disinfectant.
5. All animal enclosures shall be spot cleaned as necessary to remove animal excrement
throughout the day.
6. Food dishes and water bowls shall be kept clean at all times.
7.Appropriate cleaning methods shall be used to ensure an absence of objectionable odors
and that fumes from excreta and urine do not adversely affect the lungs of animals or
humans.
8. Where an enclosure is used sequentially for more than one animal during the course of a
day,the enclosure will be cleaned, sanitized and dried between each animal.
9.Notwithstanding the foregoing, animal services may approve the use of alternative
sanitation methods when the responsible party demonstrates that all surfaces in the animal
enclosure are clean and properly disinfected.
G. Sick,diseased and injured animals
1.The responsible party must seek veterinary care for any sick or injured animal. Proof of
adequate,timely veterinary care must be provided to animal services upon request.
2. Animals having a known or suspected communicable animal-to-human disease shall be
maintained in isolation where they cannot directly or indirectly come into contact with any
other animals or the public.
3.Animals having a known or suspected communicable animal-to-animal disease shall be
maintained in isolation where they cannot directly or indirectly come into contact with any
other animals or the public, unless to do so would cause stress to the animal that would be a
further detriment to its health.
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4.Any animal that cannot stand on its own or that has a life threatening disease must be
hospitalized,housed under the direction of a licensed veterinarian or humanely euthanized in
accordance with F.S. 828.058.
5. Applicable county and state health regulations must be followed when caring for any
animal harboring an animal-to-human disease.
6. Dogs shall not be worked in a sick, diseased or injured condition.
H. Group housing
1. Where animals are unfamiliar to each other or incompatible, they shall be contained
separately in appropriate enclosures.
2. Excepting the private keeping of animals housed in a residence or the express written
request of the animals' owner, animals shall be separated from one another in the following
manner:
a. Dogs from cats
b. Unsterilized males from females(unless a breeding permit has been obtained)
c.Nursing mothers with their young from all others
d. Weaned kittens and puppies under four months of age from adults, if such grouping
evidences any stress among the members
e. Aggressive animals from all others
I. Long-term nonresidential(institutional) housing of dogs
1. Dogs maintained in a nonresidential setting for a period longer than three months shall be
afforded protective measures.The responsible party shall notify animal services regarding all
dogs maintained in a nonresidential setting for longer than three months and shall comply
with the following requirements:
a. A veterinarian will examine the animal once every six months. Dogs not maintained on a
heart worm preventative program shall be given an occult heart worm test and started on
preventative or treated for same.
b.A professional behaviorist or trainer will evaluate the animal once every three months and
recommend a behavioral enrichment program.
c. The dog will receive a minimum of ten minutes of play, interaction, grooming and/or
training each day or the care stipulated by the
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recommended behavioral enrichment program,whichever is more stringent. Dogs with
medical conditions prohibiting play or training sessions shall be excluded from this
requirement upon written certification of the medical condition by a licensed veterinarian.
d. Records shall be kept evidencing compliance with the above.
J. Fresh air exchange
1. Indoor housing facilities for animals must be sufficiently ventilated at all times when
animals are present to provide for their health,comfort and well-being, and to minimize
odors,drafts, ammonia levels and moisture condensation.
2. Air,preferably fresh air, must be provided through windows, vents, fans(exterior)or air-
conditioning.
3. Auxiliary ventilation or air-conditioning must be provided when the outdoor temperature is
90° F or higher.
4. Proper ventilation shall insure that the fumes from urine do not adversely affect the lungs
of the animals or humans.
K. Temperature
I.Housing facilities for animals must be sufficiently heated and cooled when necessary to
protect the animals from cold and hot temperatures and to provide for their health,comfort
and well being.
2. When the ambient temperature falls below 40°F, all cats,and those dogs that cannot
tolerate such temperatures without stress or discomfort(i.e., short haired breeds, sick,aged,
young or infirm), must be given access to the indoors and/or provided adequate heating
and/or bedding.
3. When the ambient temperature rises above 90°F all cats and dogs must be moved indoors
and/or provided air conditioning,a fan, or another cooling source.
L. Environmental conditions
1.Premises where animals are housed shall be clean,orderly and free of garbage, toxic
substances, unused food, standing water, sharp objects, litter or refuse.
2. Garbage shall be kept in garbage cans with properly fitting lids and disposed of regularly.
3. Bodies of dead animals must be disposed of according to applicable county and state
regulations,policies and laws.
4. All cleaning solutions and disinfectants shall be stored and used in accordance with the
manufacturer's instructions, properly labeled as to content, and shall be stored so as to not
come into any contact with animals or animal food.
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5. All equipment, buildings, appurtenances,plumbing,electrical wiring and electrical
appliances/equipment associated with animal care shall be in good repair and appropriate for
intended use.
6. Precaution shall be used to ensure animals are not teased, abused, mistreated,tormented or
in any manner made to suffer by any person or any means.
M. Lighting
1. Premises where animals are housed shall have sufficient lighting to permit routine
inspection and cleaning of the premises and clear observation of the animals.Animal areas
must be provided with a diurnal lighting cycle, by either natural or artificial light,
corresponding to the natural period of daylight and night. If artificial light is provided, it must
emulate natural light. Animal enclosures must be placed so as to protect animals from
excessive light.
N. Food and water
1. Animals shall be provided with food of sufficient quantity and quality to allow for normal
growth and maintenance of a healthy body weight.
2.Food shall be stored in such a way as to prevent contamination by rodents, pests and
moisture.Food storage containers shall be clearly and properly labeled as to contents.
orlaik
3.Fresh water shall be available to all animals at all times and shall be maintained in a
container in such a manner that animals cannot turn the container over or urinate or defecate
therein.
4.Food and water shall be fresh, appropriate for the animal, and free from contamination.
0. Exercise
1.Animals must be given appropriate daily exercise.
P. Transport
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I Animals being transported on a public road in any vehicle shall be safely and humanely
restrained so that the animal is unable to jump or fall out of the vehicle or interfere with the
driver's ability to safely conduct the vehicle. When animals are transported in an open
vehicle such as a pickup,the animals shall be provided protection from the elements and any
hot surfaces such a truck's metal bed.
2. An animal confined in an unattended motor vehicle must have sufficient ventilation and
any other conditions necessary to protect health and/or physical well being of the animal.
2. An Animal Control Officer shall remove and may confiscate any animal confined an
unattended motor vehicle if the animal appears to be in distress or if the interior of the
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oloW
vehicle has a temperature of 80°F or higher for a period of 5 minutes or longer. The
authority to confiscate includes the authority to cause as minimal damage to the vehicle
as is necessary to safely remove the animal.
Q.Trapping
1. Any person trapping an animal must:
oft
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(a). Use a humane trap
(b).Provide protection from the direct rays of the sun and direct effect of wind,rain,
irrigation/sprinkler system and biting insects
(c).Provide fresh water in the trap subsequent to trapping the animal,when freasible
(d). Remove the trapped animal within twenty-four hours of capture. All trapped dogs and
cats must be returned to their rightful owner,or to a governmentally operated animal shelter
or humane society in the county,and
(e). Make every attempt to locate the offspring of any lactating/nursing mother,and
(f).Release any non-target animal in accordance with local and state regulations.
2.No trapped animal shall be killed in any manner other than a method approved in the
American Veterinary Medical Association Guidelines on Euthanasia,as may be amended
from time to time.
III. STANDARDS OF CARE FOR LIVESTOCK
A. Outdoor shelter
1. Shelter for livestock normally maintained in outdoor areas must:
a. Provide protection from the direct rays of the sun and the direct effect of wind and rain;
and
b. Be of sufficient size and/or number to provide enough space for each animal to
comfortably stand up, sit down, lie down and turn around in the shelter simultaneously.
B. Barn
1. All barns shall be well ventilated so as to have free flow of air or forced ventilation.
2.All feed and tack rooms shall be kept clean and orderly,clear of litter and refuse. Aisles
shall be kept clear to provide free exit of stabled animals.
3. All barns or structures shall be in good repair with no water leaks. The floor of all stalls
shall be free of standing water.There shall be sufficient drainage on the property to prevent
accumulation of persistent standing water in paddock areas.
4. Manure which has been removed from stalls and paddocks shall be maintained at least
seventy-five feet,or the maximum allowable distance based on the configuration of the
premises if it is less,from the nearest animal stall. Manure shall be situated so as to assure
that there shall be no run-off into canals or retention ponds.
5. All stalls and paddock areas shall be free of safety hazards(e.g.,nails,wire,rocks,
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wood,other debris or loose fencing upon which animals may become injured).
6. Stalls which are used to house animals shall be large enough to allow the animal to stand
in an erect position,turn without touching the sides or move about without restriction.
C. Paddock area
I. Paddock areas are not required.
2. [fan optional paddock area is provided,the area provided shall be a minimum of one
hundred square feet up to a maximum of two thousand five hundred square feet.
D. Exercise area
1.A designated safe exercise area,which is a minimum of two thousand five hundred square
feet, shall be provided for all equine.
2.This exercise area shall be appropriately fenced.
3. Equine shall be provided appropriate exercise as recognized by accepted animal husbandry
practices.
E. Pasturing
1. All animals must be securely confined and not permitted to run at large.
2.Animals shall not be left unattended while tethered.
3.All fences must be secure and safe to prevent injury(i.e., no broken rails,exposed nails,
etc.;barbed(where permitted)or any other kind of wire must be taut and sufficiently marked
to be visible to livestock).
4. Adequate water containers shall be available in all pasture areas sufficient to supplement
all livestock during dry periods when retention ponds lack sufficient clean water. Stagnant
water with floating algae is unacceptable for drinking.
5. Separate feed buckets for each animal shall be used when feeding. When a feed trough or
bunker is used, there shall be two linear feet per head or a two foot feed box for each animal.
6.Pastures shall have sufficient drainage in order to provide sufficient dry land for all
animals pastured and to prevent accumulation of persistent standing water over the entire
pasture.
7.As necessary, all pasture areas shall be dragged or picked to spread and/or remove manure.
Pasture rotation is recommended if sufficient pasture area is available.
F.Food and water
oat
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1. Opened food bags shall be stored in rodent,pest and moisture resistant containers with lids
and properly labeled as to content.
2. Unopened food bags shall be stored off the ground and kept clean and dry.
3. Stored hay shall be kept clean and dry.
4. Fresh water, free of algae, shall be available to all animals at all times.
5.Hay must be provided in such a way as to minimize or prevent contamination from
manure, urine and stagnant water.
G. Sanitation
I. Stalls shall be cleaned daily. Paddocks shall be kept in a sanitary and safe condition.
Manure and contaminated or urine-soaked hay or bedding must be removed daily and
replaced with clean dry hay and bedding.
2. All water containers shall be maintained in such a manner as to be kept free of floating
algae.
H. Environmental conditions
1. Any poisonous plants growing in or near where horses are being housed or boarded should
be removed.
2.All chemicals,pesticides,cleaning solutions and disinfectants shall be stored and used in
accordance with manufacturers' instructions,properly labeled as to content and kept away
from contact with animals and animal food.
3. Precaution shall be used to ensure animals are not teased,abused,mistreated, annoyed,
tormented or in any manner made to suffer by any person or any means.
1. Hoof trimming
I. Any person maintaining equine or ovine shall keep hooves trimmed so as to prevent
lameness and extreme overgrowth causing deformities.
J. Equine Infectious Anemia
I. Any person owning or transporting an equine must possess documentation by a licensed
veterinarian certifying that the equine has been tested for Equine Infectious Anemia (Coggins
test)within the preceding twelve-month period.
2. Any person possessing an equine that reacts positively to a test for Equine Infectious
Anemia(Coggins test)must quarantine the equine in an enclosure effectively screened to
exclude mosquitoes and other major insect vectors, a minimum of a six-hundred foot distance
from other horses.
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K. Sick,diseased and injured animals
1. Any animal having a known contagious disease or suspected of having a contagious
disease,shall be contained in an area away from other animals. This area shall be clearly and
visibly posted with signage stating: "CONTAINS QUARANTINED ANIMALS."
2.The responsible party that has an animal with a known or suspected contagious infectious
disease must seek immediate veterinary care for that animal and/or follow veterinary
instructions.
3. In the case of working animals, animals shall not be worked in a sick, diseased or injured
condition.
IV. OTHER SPECIES STANDARDS OF CARE
A. All animals other than those specifically enumerated in these standards shall be cared for
pursuant to general guidelines and accepted animal husbandry standards for each species.
V.REGULATIONS FOR ANIMAL-RELATED BUSINESSES AND
ORGANIZATIONS
A. Posting of permit
1. Each animal-related business and organization will prominently display a current,valid
county animal services-issued operational permit.
B. Safety
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1. Each animal-related business or organization which accepts privately owned animals into
its custody shall report to animal services any obvious case of neglect or animal abuse
pursuant to the Collier County Animal Control Ordinance,these Standards,or Florida
Statutes Ch. 828, "Cruelty to Animals." Animal services' phone number shall be posted
in a prominent location.
2.Each animal-related business or organization will make available to local authorities,
emergency contact information. This contact shall be available at all hours in case of
emergencies or other enforcement-related matters.
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3. Each animal-related business shall meet all fire safety requirements in accordance with the
local fire and zoning regulations.
4. Each animal-related business or organization shall have a written disaster plan to address
both immediate and noticed evacuation of all animals in case of an emergency.This plan
shall be posted in a prominent location.
5. Each animal-related business or organization shall have a working telephone available
Afook
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at all times in case of an emergency.The name of the establishment's veterinarian and the
veterinarian's phone number shall be posted in a prominent location.
6. Each animal-related business or organization shall provide for adequate rodent and insect
control.
C. Records
1.Each animal-related business or organization shall keep records on all animals currently
under its care. These records shall be maintained on each animal individually.
2.The information in these records shall include but not be limited to rabies vaccination,all
other inoculations and prescription or medical treatments administered.
3. Where the animal-related business or organization has a duty to care for, but not a right of
ownership in the animal, records shall also include the owner's name, address,emergency
telephone number,owner's proof of identification, and name and telephone number of
owner's veterinarian. In addition,a medical release must be obtained from the owner or his
designee for each animal and shall become part of the animal's record so that emergency
treatment can be given if the animal shows signs of illness or is injured while in the care and
custody of the animal-related entity.
4. Where the animal-related business or organization has a right of ownership in the animal,
records shall indicate specifically where the animal was obtained.
5.A copy of a current(within the previous twelve months)negative Coggins test(equine
infectious anemia)shall be on record for each equine(except nursing foals).No equine shall
be accepted for board unless a current(within the past twelve months)negative Coggins test
record is produced by the owner.
6. All records as described herein shall be kept for a period of two years.
7. All records shall be made available to the inspecting officer upon request.
D. Groomers
I. Clippers, combs,brushes and any other equipment shall be sanitized after each animal
grooming.
2. Animals shall not be left unattended while tethered to grooming stations.
3. Clean, separate drying towels shall be used for each individual animal groomed.
4. Tepid water must be used for the purpose of washing dogs and cats. Cold water is not
acceptable.
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5. Grooming bathtubs shall be sanitized after each animal grooming. Grooming bathtubs shall
be maintained free of mold and mildew.
6. Clippers, dryers,combs, brushes and any other grooming equipment shall be maintained
in good repair so that they are appropriate for the intended safe use per the manufacturers or
suppliers instructions.
VI.REGULATIONS FOR RODEOS
A. Posting of permit
1.The operator of a rodeo will prominently display a current, valid county animal services-
issued operational permit.
B. Safety
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I. The operator of a rodeo shall report to animal services any obvious case of neglect or
animal abuse pursuant to the Collier County Animal Control Ordinance,these Standards,or
Florida Statutes Ch. 828, "Cruelty to Animals."Animal services' phone number shall be
posted in a prominent location.
2.The operator of a rodeo shall meet all fire safety requirements in accordance with the local
fire and zoning regulations.
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Anik
3. The operator of a rodeo shall have a written emergency plan to address, as is necessary,
inclement weather,veterinary medical emergencies,attendee safety, and crowd control.
This plan shall be posted in a prominent location.
4. The operator of a rodeo shall make available to attendees literature to be provided by
animal services outlining the provisions of the Animal Control Ordinance.
5. The operator of a rodeo shall provide animal services with:
(a) A diagram of the arena, showing location of the chutes,catch chutes, and pens; a list of
all proposed events and acts; and a copy of the rules and regulations which will govern
the conduct of the contestants and events;
(b) The name and contact information of a veterinarian who will be available for all shows;
and
(c) Evidence of testing for infectious equine anemia within the previous immediate twelve
(12)months, with negative results for all equine.
6. The operator of a rodeo shall ensure that:
(a). A licensed veterinarian shall be available for all shows.
(b). An ambulance and medical attendants shall be available on the grounds for emergency
purposes,
(c). Any tack,equipment,device, substance or material that is injurious or could cause
unnecessary cruelty is prohibited,
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(d).All stock is strong, healthy,and physically sound in order to perform in the assigned
events,
(e). Chutes are so constructed as to prevent injury to the stock,and that the arena is free of
rocks,holes,and all obstacles which could cause injury to animals or contestants,
(f). All flank straps and equipment is removed from stock in catch chutes as soon as possible
and that injured animals remain in the catch chute until examined and released by the
attending veterinarian,and
(g). Rowels on spurs of all contestants are short,dull, and free to revolve.
VII.REGULATIONS FOR BREEDERS AND PET SHOPS
A. Permit notification
1. The appropriate permit number shall be provided on all advertisements and promotions
concerning the sale or give-away of an animal.
2.The appropriate permit number shall be provided to all persons who buy or accept
ownership of an animal.
B. Requirements for sale of dogs and cats
1. Dogs, cats,puppies, and kittens acquired for resale must be examined by a licensed
veterinarian within five business days of physical acquisition.
2. Dogs, cats, puppies, and kittens offered for sale must be at least eight weeks of age.
3. Dogs,cats, puppies and kittens offered for sale must be accompanied by an Official
Certificate of Veterinary Inspection (OCVI)from a Florida licensed veterinarian
4. The OCVI must contain the following information:
(a). The date of the examination by the examining veterinarian
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(b).The examining veterinarian's Florida state license number
(c).The examining veterinarian's signature
(d). The age, breed, sex, color,and any distinguishing marks of the animal
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(e).The health record of the animal
(f). Any tests performed and their results,and any vaccinations or other treatments
administered, including vaccine type, lot number, expiration date,and date of administration,
including those not specifically enumerated below
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(g).A statement that the examining veterinarian warrants,to the best of his knowledge,that
the dog or cat has no sign of contagious or infectious diseases and has no evidence of internal
or external parasites, including coccidiosis and ear mites,but excluding fleas and ticks
(h). A statement concerning whether or not the examining veterinarian has detected any
physical abnormalities in the dog or cat including but not limited to a heart murmur, and
umbilical hernia,entropian, and inguinal hernia, and cryptorchidism
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5. The OCVI must document that the following inoculations,tests, and treatments have
been administered, unless the veterinarian certifies on the OCVI that to inoculate or
deworm the animal is not in the best medical interest of the animal, in which case the
vaccine or anthelmintic may not be administered to that particular animal:
A. For dogs or puppies:
(1). Vaccination against canine distemper, leptospirosis, bordetella, parainfluenza, hepatitis,
and canine parvovirus. A rabies inoculation must be provided for any dog over three months
of age.
(2). Diagnostic tests to detect the following internal parasites: hookworms, roundworms,
whipworms,tapeworms, coccidia and giardia. Heartworm detection must occur for dogs six
months of age or older. Appropriate treatment for all positive findings must be documented.
B. For cats or kittens:
(1). Vaccination against panleukopenia, feline viral rhino tracheitis,and calici virus.A rabies
inoculation must be provided for any cat over three months of age.
(2). Diagnostic tests to detect the following internal parasites: hookworms, roundworms,
tapeworms and coccidia. Appropriate treatment for all positive findings must be documented.
iii. Diagnostic test to detect Feline Leukemia with the result listed n the OCVI.
6. If the animal is under four months of age, the tests,vaccines, and anthehnintics required
above must be administered no more than twenty-one days before sale within the county. If
the animal is four months of age or older,the tests, vaccines,and anthelmintics required
above must be administered 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. If a dog,cat, puppy, or kitten is not sold with 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.
C. Records
1.Breeders shall maintain records of each litter of puppies and kittens born. Such records
shall include the date of birth, number of puppies and litters born, 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 source of the 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
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records for each animal; the name and address of the purchaser; and the number of the
microchip implanted in the animal. If the disposition of the animal is not through sale, the
records shall indicate the type and date of disposition, including the name and address of any
subsequent owner, if one exists.
4. If 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 determine the 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 forwarded to animal services on a
quarterly basis.
6. All records as described herein shall be kept for a period of two years.
7. All records shall be made available to the inspecting officer upon request.
D. Disclosures
I. At the time of sale, breeders and pet shops must provide the purchaser with:
a. A copy of the complete record pertaining to the individual animal as described above,
b. Literature to be provided by animal services outlining the provisions of the Animal Control
Ordinance, and
c. A copy of F. S. 828.29,Dogs and cats transported or offered for sale; health requirements;
consumer guarantee.
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. 828.29
Dogs and cats transported or offered for sale; health requirements; consumer guarantee.
Where any conflict exists between these standards and this section, the more restrictive
shall apply.
F. Exemptions
1. Animal services,humane societies and 501(c)3 rescue organizations in good standing with
DAS shall be exempt from the provisions of this section.
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DAS ORDINANCE STAFF RECOMMENDATION
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO ANIMAL CONTROL,
PROVIDING FOR TITLE, PROVIDING FOR CONSTRUCTION AND
PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
AUTHORITY OF DIRECTOR, INTERFERENCE WITH OFFICER IN
PERFORMANCE OF DUTY; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR COMPLAINTS; PROVIDING FOR RABIES
CONTROL; PROVIDING FOR LICENSE CERTIFICATE, TAGS,
VACCINATION REQUIRED; PROVIDING FOR GENERAL
VIOLATIONS; PROVIDING FOR INHUMANE TREATMENT OF
ANIMALS; PROVIDING FOR DANGEROUS DOGS, DEFINITIONS AND
PROCEDURES; PROVIDING FOR STANDARDS OF CARE;
PROVIDING FOR PENALTIES; PROVIDING FOR DISPOSITION OF
IMPOUNDED ANIMALS; PROVIDING FOR WILD ANIMALS;
PROVIDING FOR PSITTACINE BIRDS; PROVIDING FOR FERAL
CATS; PROVIDING FOR REPEAL OF ORDINANCE 2008-51, AS
AMENDED; PROVIDING FOR ADOPTION OF STATE STATUTES BY
REFERENCE, BOARD INTENT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, at its November 9, 2011 meeting, the Board of County Commissioners
directed Domestic Animal Services staff to work through the Domestic Animal Services
Advisory Board to formulate amendments to the Animal Control Ordinance that would address
community concerns regarding enforcement of animal control laws; and
WHEREAS, at its March 27, 2012 meeting, the Board of County Commissioners
approved conceptual changes to the Animal Control Ordinance that included strengthening
provisions in the Ordinance that provide for permitting of certain animal-related entities,
introducing language that would provide for consistency in the issuance of penalties and
consequences for nonpayment of same, and revisions to the dangerous dog section to more
strictly align with the state statutes; and
WHEREAS, Chapter 828, Florida Statutes, specifically regulates animal cruelty in the
state of Florida and has authorized local governments to enact ordinances relating to animal
control or cruelty, provided it does not conflict with Chapter 828; and
WHEREAS, Chapter 767, Florida Statutes, regulates dangerous dog cases in the state of
Florida, and authorizes local governments to enact local procedures for declaring a dog
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dangerous and regulating such dangerous dogs, provided it does not conflict with Chapter 767;
and
WHEREAS, the Board of County Commissioners finds it in the best interest of the
citizens of Collier County to repeal and replace Ordinance 2008-51, as amended, in order to
strengthen the enforcement of the Ordinance and to ensure that the County's Ordinance does not
conflict with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: Title.
This Ordinance shall be known and may be cited as the "Collier County Animal Control
Ordinance."
SECTION TWO: Adoption by Reference, Construction and Purpose.
The Board adopts by reference as part of this chapter, all laws of the State of Florida
relating to animal control, animal welfare, and animal cruelty. It is the intent of the Board that
this chapter shall supplement the provisions of state law, including required procedures, and that
in the event of any conflict between the terms of this chapter and state law, state law shall
control. This Ordinance is enacted with the primary purpose of insuring the health of the human
residents and visitors of the county and with the secondary purpose of insuring the health of the
animals in the county. This Ordinance is to be liberally construed to affect those objectives.
The Ordinance is established to support the mission of animal services, as established by
the Board of County Commissioners: To ensure compliance with local and State animal-related
laws; to return strays to their owners and promote the adoption of homeless animals to new
families; and to work toward ending the community problem of pet overpopulation.
SECTION THREE: Definitions.
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:
Aggressive animal means any animal of fierce or dangerous propensities likely to cause
physical injury or property damage or that exhibits traits of ungovernableness.
Animal means every living dumb creature.
Animal-related business 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
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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.
Animal-related organization means any not-for-profit entity that maintains premises for
the purpose of rendering services to, for or by any domestic animal. Examples of animal-related
organizations include, but are not limited to, rescues that maintain premises as a central location
for their activities, sanctuaries, and animal shelters.
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.
Animal services means the Collier County Domestic Animal Services Department.
Animal services center means any place approved as such by the Board of County
Commissioners for the detention, care and/or treatment of animals in custody.
At-large means off the premises of the owner and not under the direct control of the
owner or other competent person, on a suitable leash of dependable strength sufficient to restrain
the animal.
Commercial Breeder means any person or business required to hold a business tax receipt
that breeds one (1) or more domestic cat(s) or dog(s) or offers one (1) 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 of such breeding for sale. Commercial breeders are subject
to agricultural zoning requirements of the Land Development Code.
County veterinarian means a veterinarian, duly licensed by the state, appointed by the
Director to be a consultant to the county health department and to the Director.
Dangerous dog means any dog that according to the records of Animal services:
A. Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a
human being on public or private property;
B. Has more than once severely injured or killed a domestic animal while off the
owner's property; or
C. Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack,
provided that such actions are attested to in a sworn statement by one or more persons
and dutifully investigated by Animal services.
Direct control means the immediate, continuous physical control of an animal at all times
by such means as a fence, tether, or suitable leash of dependable strength sufficient to restrain the
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animal; or specially trained hunting animals engaged in legal hunting, or animals engaged in
shows or organized obedience training programs where the animals respond to commands.
Director of animal services means the director of the Collier County Domestic Animal
Services Department, or his or her designee.
Earnotched means a "v" has been cut from the tip of the left ear of a cat.
Eartipped means the tip of the left ear of a cat has been cut in a straight line.
Feral cat means a cat that is free roaming and exists in a wild or untamed state.
Feral cat caregiver means any person who provides food, water, or shelter, or otherwise
cares for(a) feral cat(s).
Feral cat colony means a group of cats that congregates, more or less, as a unit. Nonferal
cats that congregate with a feral cat colony shall be deemed a part of it.
Health officer means the director of the County health department, or his designee.
Livestock means all animals of equine, bovine, or swine class, including sheep, goats and
other grazing animals.
Microchip means an animal microchip implant that is an identifying circuit placed under
the skin of a dog, cat, or other animal. The chips are about the size of a large grain of rice.
Non-Commercial Breeder means any person or business required to hold a business tax
receipt that breeds one (1) or more domestic cat(s) or dog(s) or offers one (1) or more domestic
cat(s) or dog(s) for breeding or stud purposes, producing one (1) to two (2) litters per year, or
offers the kittens and puppies that are the result of such breeding for sale. Non-commercial
breeders are subject to the home occupational license requirements of the Land Development
Code.
Owner means any person having a right of property in an animal, or any person with the
right or duty to control an animal, or any person then physically controlling, possessing,
harboring or keeping an animal.
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 day-to-day basis.
Psittacine birds means all birds commonly known as parrots, Amazons, Mexican
doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds, loris, lorikeets, and other
birds of the Psittacine family.
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Research or testing means any use of any animal in any vivisection, including
demonstration or practice surgery, medical or biomedical research, medical experimentation,
medical or nonmedical education, or to test any medication, radiation, toxicity, element,
chemical or chemical compound, or to study the effects of any consumer product on humans or
animals, or for use in biological production or other substantially similar research or testing for
scientific, medical, biomedical, educational, or veterinary purpose, by any individual, school,
college, university, hospital, laboratory, or any other institution or entity of any description,
public or private. Such uses of an animal that does not expose any animal to any incision or
puncture, to torture, torment, or cruelty, to any immediate or future damage or impairment, or to
unusual stress, is not research or testing as defined herein.
Rodeo means any event or show involving the use of equines, and/or bovines for the
exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging,where a fee is
charged to witness the event.
Standard of Care refers to a set of rules and regulations governing 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.
Tether means to restrain a dog by tying the dog to any object or structure, including
without limitation a house, tree, fence, post, garage, or shed, by any means, including without
limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash to
walk a dog.
Trap-neuter-return means the practice of humanely trapping feral cats; ensuring they are
spayed or neutered, vaccinated, and earnotched or eartipped; and returning them to their feral cat
colonies.
Trap-neuter-return program means the practice of trap-neuter-return and other best
management practices intended to diminish the population of feral cats within the community.
Vaccination means administering to any animal, pursuant to a certificate of vaccination
issued by a licensed state veterinarian, an anti-rabies vaccine approved by the state department of
health and rehabilitative services.
Wild animal means any living non-domesticated species defined as wildlife by the
wildlife code of the state fish and wildlife conservation commission.
SECTION FOUR: Authority of Director; Interference with Officer in Performance of
Duty.
1. The director of animal services (hereinafter "Director") shall have all necessary
authority to enforce this Ordinance, and pick up, catch or procure any animal in violation of this
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ow
Ordinance, and have such animal impounded within the animal services center or other
designated place.
2. The Director shall have authority to enter upon any public or private property,
except a building designated for and actually used for residential purposes and other buildings
within the curtilage of the principal residential building, for the purpose of enforcing this
Ordinance.
3. It shall be unlawful for a person to interfere with, hinder, molest or abuse the
Director, the health officer, or any of their subordinates in the performance of their lawful duties
under this Ordinance or under Florida law.
4. It shall be unlawful for any owner of any animal to refuse to surrender such
animal for impoundment or quarantine as provided by this Ordinance when demand for
surrender of the animal is made by the health officer, Director, or other enforcement officer.
5. The Director or the Sheriff of Collier County, or their respective designees, shall
have the authority to destroy any free roaming untagged dog or cat when other reasonable means
and methods to capture are tried but failed, or when a diligent search has been made to establish
ownership has failed, and it has been ascertained by citizen complaint or investigation that the
animal has aggressive tendencies and poses a threat of injury to persons or other animals, or has
caused bodily injury to a person or has physically injured or killed livestock.
6. An animal control officer may free any animal left unattended in a motor vehicle
if the animal appears to be in imminent danger or distress. The animal control officer shall first
attempt to locate the owner. If unable to do so in a reasonable time, with due consideration given
as to the peril to the animal, the animal control officer shall free the animal in a manner which is
calculated to cause the least damage to the vehicle as necessary to safely remove the animal.
Once freed, the animal is to be brought to an animal services center and the owner promptly
notified.
SECTION FIVE: Enforcement.
1. By animal control enforcement officer and sheriff. The Director, any animal
control enforcement officer, or officer of the sheriff's office, is empowered to enforce this
Ordinance.
2. By municipal police. Upon resolution approved by the governing board of any
incorporated municipality within the confines of the county, the police force of any such
municipality is empowered to enforce the provisions of this Ordinance within that municipal
corporation.
3. By agents, employees of animal services department.
A. Designation. The Director is hereby authorized to designate agents or
employees of the county department of animal services as animal control enforcement officers. It
shall be the responsibility of the Director to determine the training and qualifications of any
employee or agent so designated, subject to minimum requirements specified in F.S. § 828.27.
B. Authorization. It shall be the duty of any person designated as an animal
control enforcement officer to enforce this Ordinance and subsequent amendments hereto
relating to animal control.
C. Authorized to issue penalties. Any person designated as an animal control
enforcement officer is hereby authorized to issue penalties as outlined in Section Thirteen for
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violations of this Ordinance and subsequent amendments hereto. The form of penalty issued may
be determined at the discretion of the animal control officer or officer of the sheriff's office, but
shall be commensurate with the severity of the infraction and any history of violation of the
recipient.
D. Limitation of powers. Nothing herein contained shall be construed to
authorize or permit any person designated as an animal control enforcement officer pursuant to
this section, to perform any function or duties of a law enforcement officer other than specified
herein. No such officer shall make physical arrests or take any person into custody. All such
officers shall be exempt from the requirements relating to the state high-hazard retirement
program and police standards and training commission as defined or referred to by F.S. § 122.34
and F.S. ch. 943.
SECTION SIX: Complaints.
1. Complaints for alleged violation of this Ordinance shall be communicated to the
Director, sheriff's office or police department. Upon receipt of a complaint, an investigation shall
be conducted to determine if there is any violation of this Ordinance. If it is ascertained that any
provision of this Ordinance is being violated, proper and lawful action will be taken to enforce
this Ordinance.
2. Upon receipt of more than one "affidavit of complaint" for any violation of this
Ordinance, each prepared and signed independently by a resident of a separate dwelling in the
vicinity of the violation, and acknowledged under oath before an individual authorized by law to
take acknowledgements, setting forth the complained of acts, an enforcement officer shall
investigate the facts to determine if the acts complained of are a violation, and, if satisfied that a
violation has occurred, may issue a penalty for the violation, including, subject to F.S. § 828.27,
and conditions of this Ordinance, a mandatory court appearance or appearance before the special
magistrate.
3. Intentional falsification of information on an "affidavit of complaint" shall be a
violation of this Ordinance, and punishable as provided in Section Thirteen.
SECTION SEVEN: Rabies Control.
1. The Director shall give first priority to requests of the health officer to investigate
cases involving rabies or the suspicion of rabies.
2. Any person having knowledge of an animal biting, scratching or otherwise
wounding a person by contact shall immediately report the facts to the County health department
or to the department of animal services, including:
A. The victim's name, approximate age and address;
B. The animal owner's name and address;
C. The animal's description and location; and
D. Names and description of other persons and animals involved.
3. An animal known to have bitten or scratched a human or an animal suspected of
having rabies shall, if possible, be captured or taken into custody by the Director, police, sheriffs
office, or health officer.
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A. Unvaccinated dogs and cats will be impounded and quarantined for ten
days of clinical observation in the animal services center or at a local veterinarian clinic
authorized by the health officer or Director. Impoundment and boarding fees will be paid by the
owner of the animal. Other animals will be impounded and quarantined by direction of the health
officer or Director.
B. Dogs or cats that have a current vaccination may be confined under
quarantine by fence or suitable enclosure on the premises of the owner, or at some other location
approved by the health officer or the Director.
C. Earnotched or eartipped feral cats will be impounded and quarantined for
ten days of clinical observation in the animal services center if possible. If the cat cannot be
trapped for impoundment, it will be observed daily by its feral cat caregiver. Feral cats that are
not earnotched or eartipped will be deemed to be unvaccinated.
4. Wild animals that are susceptible of carrying rabies, that are being held in
captivity, or possessed as pets by private persons who are properly licensed, but which animals
have not been vaccinated with a proven anti-rabies vaccine that has been developed for that
specified species of animal and which vaccine is recognized as an effective vaccine by the health
officer, or for which no known rabies incubation period has been established by research
recognized by the health officer, which animal has either bitten a human being or which animal
is suspected of having rabies, shall be impounded and quarantined by the Director upon the
recommendation of the health officer. The animal will be held in quarantine for a specified
period of time as directed by the health officer.
A. A wild animal may be euthanized at the discretion of the health officer for
the purpose of laboratory analysis to determine if the animal is rabid when the health and/or
welfare of the person bitten by that animal is in jeopardy.
B. The decision whether to euthanize the animal will be based upon history
of possible exposure of the animal to rabies.
5. Any animal possessed in a licensed attraction, zoo, circus, or educational
institution, and that is known to have bitten a human being, shall be isolated and subjected to a
quarantine period at a location as directed by the health officer or Director. In determining the
quarantine and location, the decision will be made on the history of the animal's possible
exposure to rabies.
6. No animal may be removed from the place of quarantine without the prior written
authorization of the health officer or Director, or his or her designee. If any animal dies during
quarantine, the person holding the animal in quarantine shall immediately notify the health
officer or Director, and shall immediately surrender the body of the animal without altering the
body in any manner.
7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is
bitten by a known rabid animal shall be immediately destroyed. If it is an owned animal,
however,the owner may elect to have the animal confined and quarantined at the animal services
center, or at another location approved by the health officer or Director, for a period of up to six
months. All costs of the detention of the animal will be at the expense of the owner.
8. The Director, sheriff or municipal police officer shall have authority to kill an
animal in order to procure an animal that is susceptible of carrying rabies and that is known to
have bitten a human being or is suspected of having rabies, provided that all other reasonable
means and methods under the circumstances to capture the animal have failed. The head of the
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animal, intact, shall then be submitted to a designated laboratory to be analyzed for rabies
infection.
SECTION EIGHT: License Certificate; Tags,Vaccination Required.
1. Any owner of a dog or cat shall obtain a County license for each such animal
when the animal is four months old or older.
A. The license will be issued for a period of one year and is required to be
renewed annually thereafter and must remain current at all times.
B. The record corresponding to the license shall contain the name of the
owner, address, breed, sex and color of each animal, or other descriptive data.
C. A tag designating the license number shall be issued.
D. The tag shall be affixed to the animal's collar or harness at all times,
except when the animal is confined, securely fenced or participating in an organized match,
show,trial, or obedience training.
E. The license issued under this section shall not be transferable from animal
to animal or from owner to owner.
F. Each license and tag must be obtained from persons designated by the
Director. License forms provided by the Director for the registration and licensing of dogs and
cats shall be completed and be submitted to the Director.
G. Veterinarians are authorized to sell dog licenses and cat licenses and are
authorized to charge a surcharge for this service. The amount of the authorized surcharge is
established and revised by resolutions adopted by the Board of County Commissioners. Forms
and license tags will be furnished by the County to the veterinarian.
2. Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for
rabies when the animal is four months old or older. The owner of every dog, cat, and ferret shall
have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval
between vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall
provide proof of vaccination upon demand of the health officer or his designee or any other
person authorized to enforce this Ordinance. Animal services may deny issuance of a license to
any animal without a current rabies vaccination. No vaccination is required if a licensed
veterinarian certifies in writing that the vaccination would endanger the animal's health.
3. Cats belonging to feral cat colonies that are registered with an agency contracted
with Collier County to manage a trap-neuter-return program shall be exempt from the
requirement to license.
4. Animal-related organizations in good standing with animal services and rescue
organizations qualified to adopt animals from animal services that are housing cats and dogs in
foster or sanctuary type settings as an alternative to humane euthanasia may acquire a blanket
license for all cats and dogs housed.
5. License fees are established and revised by resolutions of the Board of County
Commissioners. A portion of each non-neutered/non-spayed animal license fee will be deposited
in the County neuter/spay trust fund for the purpose of funding the County's neuter/spay
program. The amount to be deposited is established and revised by resolutions adopted by the
Board of County Commissioners.
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SECTION NINE: General Violations.
1. It shall be unlawful for the owner of an animal to allow or permit his or her
animal:
A. To be upon the beaches of the county, whether fettered or unfettered,
unless the area has been designated by the board as suitable for use by such animals, except for
service animals as defined in §413.08, Florida Statutes, that are actually in use by a handicapped
person, or animals used by law enforcement officers or county ordinance enforcement personnel.
B. To run at large in or upon any public street, road, sidewalk, other public
place, or upon private property without the expressed or implied consent, subject to zoning, of
the owner or any lessee of such private property.
C. To be within any park or upon public school grounds or public playground
in the county, whether fettered or unfettered, except for service animals as defined in §413.08,
Florida Statutes, that are actually in use by a handicapped person, or where the landowning or
managing agency has established a clearly designated area for such use.
D. To enter any building where food is stored, prepared, served or sold to the
public, or any other public building or hall; provided, however, that this provision shall not apply
to public buildings used for animal shows or exhibitions, or to service animals as defined in
§413.08, Florida Statutes, that are actually in use by a handicapped person, or dogs used for
enforcement by any law enforcement officer or code enforcement officer.
E. To trespass upon private or public property so as to damage or destroy any
property or thing of value, or to defecate and create a sanitary nuisance thereon, including
defecating upon roadways, road rights-of-way, sidewalks, or other property so as to create a
sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not immediately
removed and properly disposed.
F. To chase, run after, or jump at vehicles or bicycles using any road or road
right-of-way.
G. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully
using any road right-of-way.
H. To bark, whine, howl, or cause other objectionable noise, which is
offensive and of such a continuous duration of time so as to create a nuisance.
I. To be abandoned and thereby relinquish control of an animal with the
intent or purpose of setting the animal at large.
J. To be confined in an unattended motor vehicle without sufficient
ventilation or under other conditions for such periods of time as may endanger the health and/or
physical well-being of the animal due to heat, lack of potable water, or such other circumstances
as may reasonably cause suffering, disability, or death to the animal.
K. No person shall transport or carry any dog or other animal in a motor
vehicle unless the animal is safely enclosed within the vehicle. If a person is transporting or
carrying an animal in an unenclosed or partially enclosed vehicle including, but not limited to,
convertibles, pick-up and flat-bed trucks, the person shall confine the animal in a container, case,
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or other device that is of proper and adequate size to prevent the animal from falling from or
jumping from the motor vehicle.
2. It shall be unlawful for any owner to permit, allow or suffer any livestock to run
at large or stray upon any roads and highways, or upon the property of another without
permission of the property owners or their authorized agent or lessee, subject to zoning.
3. It shall be unlawful to keep any female dog or cat in heat (estrus) which is not
confined to a building or secure enclosure, veterinary hospital, or boarding kennel and in such a
manner that the female dog or cat can come in contact with any male dog or cat except for
intentional breeding with a specific male dog or cat.
SECTION TEN: Inhumane Treatment of Animals.
1. It shall be unlawful for any person to:
A. Fight or bait animals as set forth in §828.122, Florida Statutes, 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 than the common rat or mouse.
D. Confine animals without sufficient food, water, or exercise, or abandons to
die any animal that is maimed, sick, infirm, or diseased, as prohibited in §828.13, Florida
Statutes.
E. Commit an act of animal cruelty in violation of§828.12, Florida Statutes.
F. Beat and cause unnecessary injury and suffering to any animal.
G. Work an animal in a sick, diseased or injured condition.
H. Fail to properly remove and dispose of animal feces from all animal
enclosures and water.
L To keep horses, cattle, or other livestock in a manner inconsistent with
recognized livestock husbandry practices.
2. Any enclosure used as a primary means of confinement for a dog must meet the
definition of proper enclosure as stated in Section Eleven of this Ordinance. It shall be unlawful
for a responsible party to tether a dog while outdoors, except when all of the following
conditions are met. This section shall not apply to the transportation of dogs:
A. The dog is in visual range of the responsible party, and the responsible
party is located outside with the dog.
B. The tether is connected to the dog by a buckle-type collar or a body
harness made of nylon or leather, not less than one inch in width.
C. The tether has the following properties: It is at least five times the length
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 swivel; it does not weigh more than '/ of the dog's weight; and it is free of
tangles.
D. The dog is tethered in such a manner as to prevent injury, strangulation, or
entanglement.
E. The dog is not outside during a period of extreme weather, including
without limitation extreme heat or near-freezing temperatures, thunderstorms, tornadoes, tropical
storms, or hurricanes.
F. The dog has access to water, shelter, and dry ground.
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G. The dog is at least six months of age. Dogs under six (6) month of age
shall not be tethered.
H. The dog is not sick or injured.
I. Pulley,running line, or trolley systems are at least 15 feet in length and are
less than 7 feet above the ground.
J. If 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 must be provided access to a receptacle containing sufficient clean
litter for excreta and body wastes.
B. Cats must be provided solid resting surface(s) that are large enough to
hold all cats comfortably.
4. The Director shall impound or make the subject of an order to provide care any
animal found to be cruelly treated as defined in this Ordinance or under Florida Law, as outlined
in §828.073, Florida Statutes.
5. Whoever violates any provision of this section shall forfeit his right to license an
animal in the County for one year in addition to any other 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.
SECTION ELEVEN: Dangerous Dogs; Definitions and Procedures.
1. Definitions.
A. Dangerous dog means any dog that according to the records of the
appropriate authority:
(1) Has aggressively bitten, attacked, or endangered or has inflicted severe
injury on a human being on public or private property;
(2) Has more than once severely injured or killed a domestic animal while off
the owner's property;
(3) Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of
attack, provided that such actions are attested to in a sworn statement by one or
more persons and dutifully investigated by the appropriate authority.
B. Unprovoked means that the victim who has been conducting himself or
herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a
dog.
C. Severe injury means any physical injury that results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
D. Investigation is conducted by animal services. Animal services must
interview the dog's owner when possible and may require a sworn affidavit from any person
desiring to have a dog classified as dangerous.
E. Proper enclosure means that, while on the owner's property, the dog can
be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to
prevent the entry of young children and designed to prevent the animal from escaping. Such a
pen or structure shall be structurally sound, made of materials impervious to moisture, have
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secure sides and a secure top to prevent the dog from escaping over, under, or through the
structure, and shall also provide protection from injury and the elements. The square footage of a
proper enclosure used as a primary means of confinement for a dog must be equal to or greater
than the length of the animal from the tip of the nose to the base of the tail, doubled, then
squared, and divided by 144. For example, a dog measuring 30 inches from the tip of the nose to
the base of the tail will require a 25-square-foot enclosure (30 x 2 = 60; 60 x 60 = 3,600;
3,600/144 = 25). The height of the enclosure shall be equal to or greater than the length of the
animal from the tip of the nose to the base of the tail multiplied by 1.5.
2. Procedure.
A. The Director shall investigate reported incidents involving any dog that
may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from
any person, including any animal control officer or enforcement officer, desiring to have a dog
classified as dangerous. Any animal that is the subject of a dangerous dog investigation, and is
not impounded with animal services, shall be humanely and safely confined by the owner in a
securely fenced or enclosed area pending the outcome of the investigation and resolution of any
hearings related to the dangerous dog classification. The address of where the animal resides
shall be provided to animal services. No dog that is the subject of a dangerous dog investigation
may be relocated or ownership transferred pending the outcome of an investigation or any
hearings related to the determination of a dangerous dog classification. In the event that a dog is
to be destroyed,the dog shall not be relocated or ownership transferred.
B. Animal services may impound any dog under investigation if the owner is
unable or unwilling to securely confine the dog during the investigation. Upon written notice
from animal services, the owner must allow access to the dog for the purposes of impoundment.
If the dog is impounded during this time, the owner is responsible for all costs related to
impoundment unless the owner ultimately prevails and the dog is not declared dangerous.
C. A dog shall not be declared dangerous if the threat, injury, or damage was
sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the
property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No
dog may be declared dangerous if the dog was protecting or defending a human being within the
immediate vicinity of the dog from an unjustified attack or assault.
D. If the Director, or his or her designee, makes an initial determination that a
dog is dangerous, based on the initial investigation, the County shall provide written notification
of that determination to the owner of the dog. Notice shall be by certified mail, by certified hand
delivery, by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida Statute. The
Director's initial determination shall automatically become final unless the dog's owner, within
seven calendar days after receipt of the notice, files a written request for a hearing to challenge
the Director's initial determination. The written request must be submitted to animal services. If
the dog's owner files a timely written request for a challenge hearing, the effective date of the
determination shall be the date of the final decision of the Special Magistrate.
E. Any owner of a dog that is initially declared dangerous by the Director
may appeal that decision to the Code Enforcement Special Magistrate. This hearing shall be held
as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of
request from the owner. The hearing may only be continued by agreement of both parties.
F. If the Special Magistrate's determination is to uphold the dangerous dog
classification, animal services shall provide written notification to the owner as required above.
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The dog owner may file a written request for a hearing in county court to appeal the
classification within ten (10) business days after receiving notice. This request for hearing must
be filed with the county court, and a copy provided to animal services within the time provided.
Any such appeal shall not be a hearing de novo, but shall be limited to appellate review of the
record created before the Special Magistrate.
3. Registration of dangerous dog and fees.
A. Registration of dangerous dog. Not later than 14 calendar days after the
final effective date, as specified above, that the dog is determined to be a dangerous dog, the
dog's owner must file a complete written standard form application with animal services to be
issued a certificate of registration for the dangerous dog. The application/administration fee for
each certificate shall be $300.00 annually. A complete application for the initial certificate of
registration shall include: (i)the filing fee and late fees, if any; (ii) a color photograph of dog and
a signed acknowledgement form that the dog will be identified by name and address on the
Collier County Animal Services website; (iii) a receipt or other written proof that the dog has
been permanently identified (via tattoo or microchip); (iv) a current certificate of vaccination for
the dog; and (v) a receipt or other written proof that the dog has been spayed or neutered by a
licensed veterinarian. If there is a medical or other reason that the dog cannot be spayed or
neutered, the owner will provide the reason in writing signed by a Collier County licensed
veterinarian.
B. Within ten days of receipt of a complete application, animal services will
make a site visit to ensure provision of a proper enclosure, and posting of the premises with a
clearly visible warning sign at all entry points that informs both children and adults of the
presence of a dangerous dog on the property. Animal services will provide the required signs.
Upon completion of a successful site visit, animal services will issue the requested initial
certificate. The duration of each certificate is 365 days. There shall be a late fee of $10.00 per
day, for each day that the certificate is not issued.
C. Annual renewal of certificate of registration. A standard renewal
application must be filed annually at least ten calendar days prior to the date that the respective
certificate is to expire. A complete application for a renewal certificate shall include the $300.00
renewal/administrative fee, a then current color photograph of each dangerous dog sign posted at
the premises where the dangerous dog resides, and a current certificate of vaccination.
D. Failure to re-register. There shall be a late fee of$10.00 for each day that a
complete renewal application is not filed. Animal services may impound any dog whose owner
has: (i) filed to re-apply for registration 30 days past the expiration of the certification; or (ii)
failed to successfully complete re-registration 45 days past the expiration of the certification.
Upon written notice from animal services, the owner must allow access to the dog for the
purposes of impoundment. The owner is responsible for all costs related to impoundment.
Failure to successfully re-register the dog after 30 days of impoundment will result in forfeiture
of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane
manner, at the expense of the owner.
4. Subsequent handling of dangerous dogs.
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A. The owner shall immediately notify animal services when a dog that has
been classified as dangerous:
(1) Is loose or unconfined;
(2) Has bitten a human being or attacked another animal; and/or
(3) Is sold, given away, or dies.
Prior to a dangerous dog being sold or given away, the owner shall provide the name,
address, and telephone number of the new owner to animal services. The new owner must
comply with all the requirements of this Ordinance. The owner is required to notify the
appropriate animal services authority if the dog is moved out of jurisdiction.
B. It is unlawful for the owner of a dangerous dog to permit the dog to be
outside a proper enclosure unless the dog is muzzled and restrained by a suitable leash of
dependable strength and under the control of a competent person. Unless prohibited by the dog's
physical make-up, as in brachycephalic breeds, the muzzle must be of a cage-style that will not
interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it from
biting a person or animal The owner may exercise the dog in a securely fenced or enclosed area
that does not have a top, without a muzzle or a leash, if the dog remains within his or her sight
and only members of the immediate household or person 18 years of age or older are allowed in
the enclosure when the dog is present. When being transported, such dogs must be safely and
securely restrained within a vehicle.
C. Hunting dogs are exempt from the provisions of this act when engaged in
any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such
as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials
are exempt from the provisions of this act when engaged in any legal procedures. However, such
dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have
been classified as dangerous shall not be used for hunting purposes.
D. This section does not apply to dogs used by law enforcement officials for
law enforcement work.
5. Attack or bite by dangerous dog.
A. If a dog that has previously been declared dangerous attacks or bites a
person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the
first degree, punishable as provided in F.S. ch. 775, and subject to imposition of a fine not to
exceed $500.00. In addition, the dangerous dog shall be immediately confiscated by animal
services, placed in quarantine, if necessary, for the proper length of time, or impounded and held
for ten business days after the owner is given proper written notification, and thereafter
destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner
to request a hearing as outlined above in this section. The owner shall be responsible for payment
of all boarding costs and other fees as may be required to humanely and safely keep the animal
during any appeal procedure.
B. If a dog that has not been declared dangerous attacks and causes severe
injury to or death of any human, the dog shall be immediately confiscated by animal services,
placed in quarantine, if necessary, for the proper length of time or held for ten business days after
the owner is given proper written notification, and thereafter destroyed in an expeditious and
humane manner. This ten-day time period shall allow the owner to request a hearing under this
Ordinance, above. The owner shall be responsible for payment of all boarding costs and other
fees as may be required to humanely and safely keep the animal during any appeal procedure. In
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addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet
demonstrated a reckless disregard for such propensities under the circumstances, the owner of
the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. ch. 775,
and subject to imposition of a fine not to exceed $500.00.
C. If a dog that has previously been declared dangerous attacks and causes
severe injury to or death of any human, the owner is guilty of a felony of the third degree,
punishable as provided in F.S. ch. 775. In addition, the dog shall be immediately confiscated by
animal services, placed in quarantine, if necessary, for the proper length of time or held for ten
business days after the owner is given proper written notification, and thereafter destroyed in an
expeditious and humane manner. This ten day time period shall allow the owner to request a
hearing under this section. The owner shall be responsible for payment of all boarding costs and
other fees as may be required to humanely and safely keep the animal during any appeal
procedure.
D. If the owner files a written appeal under this section, the dog must be held
and may not be destroyed while the appeal is pending.
E. If a dog attacks or bites a person who is engaged in or attempting to
engage in a criminal activity at the time of the attack, the owner is not guilty of any crime
specified under this section.
6. Violations.
A. Failure to comply with any provision of this section may result in a fine
not to exceed $500.00 and impoundment of the subject dog. Upon written notice from animal
services, the owner must allow access to the dog for the purposes of impoundment. The owner is
responsible for all costs related to impoundment. +`""
B. Failure to cure any violation of this section within 30 days of
impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal
services may dispose of such an impounded dog, in a humane manner at the expense of the
owner.
C. Upon second occurrence of a violation of this section, failure to cure
within ten days of impoundment of the subject dog will result in forfeiture of ownership of the
dog. Animal services may dispose of such an impounded dog, in a humane manner at the
expense of the owner.
SECTION TWELVE: Standards of Care.
1. The following provisions are limited to animal-related businesses, animal-related
organizations, commercial breeders,non-commercial breeders, and rodeos.
2. The Director is hereby granted authority to recommend Standards of Care for
animal-related businesses, animal-related organizations, commercial breeders, non-commercial
breeders, and rodeos for approval by the Board of County Commissioners. Standards of Care
shall be approved by ordinance of the Board and then codified in the Collier County
Administrative Code. As set forth below, a violation of an approved Standard of Care shall be
deemed to be a violation of this Ordinance.
3. The owner or operator of any animal-related business, animal-related
organization, commercial breeder, non-commercial breeder, or rodeo shall properly feed and care
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for each animal in their custody or control and otherwise meet all relevant Standards of Care.
4. The Director shall inspect the premises of any animal-related business and any
animal-related organization on an annual basis. The Director shall inspect the premises of any
rodeo prior to or within twenty-four (24) hours of the commencement of that event. The
Director will inspect the premises of any breeder on a quarterly basis. Routine inspections of
businesses, or organizations, or breeders located in a premises used primarily as a residence will
be noticed a minimum of twenty-four (24) hours in advance. No duty to notify exists should
animal services receive a complaint alleging a violation of this Ordinance.
5. Refusal to allow the Director to inspect any premises, animal, or records
associated with any animal-related business, organization or rodeo, or any breeding operation,
shall constitute a violation of this Ordinance.
6. Should the inspection reveal a violation of this Ordinance or the relevant
Standards of Care, a Notice to Comply will be issued. The Notice to Comply shall specify the
violation and shall contain a time period not to exceed 15 days to enable the violator to come into
compliance. The premises shall be re-inspected promptly following the time period specified by
the Notice to Comply. Failure to correct the violation shall result in the issuance of a citation.
7. Every person who owns or operates an animal-related business or animal-related
organization shall obtain a permit from the Director. A fee will be charged for the permit. Permit
fees shall be established and revised by resolutions of the Board of County Commissioners. The
Director shall issue an animal-related business or organization permit after receipt of this fee and
inspection of the business or organization premises if he determines that the premises meet all
established standards and regulations. The permit shall be displayed within the licensed premises
at a place where it is clearly visible to the public. An animal-related business or organization
permit is valid for one (l) calendar year and must be renewed annually. Renewal applications
must be made thirty (30) days prior to expiration of the permit. Permits are not transferable or
refundable.
8. Every person or organization who sponsors or operates a rodeo shall, at least
thirty (30) days prior to the date of the event, make application to the Director for a permit to
operate. The fee for such application and permit shall be established and revised by resolutions
of the Board of County Commissioners. The Director shall issue a rodeo permit after receipt of
this fee and inspection of the event premises if he determines that the event will meet the
established Standards of Care. That permit shall be displayed at the event at a place where it is
clearly visible to the public.
9. Commercial and non-commercial breeders must obtain the applicable breeder
permit from the Director. A fee will be charged for the permit. Permit fees shall be established
and revised by resolutions of the Board of County Commissioners. The Director shall issue the
applicable breeder permit after receipt of this fee and inspection of the breeder's premises if he
determines that the breeder meets the established Standards of Care. A breeder permit is valid for
one (1) calendar year and must be renewed annually. Renewal applications must be made thirty
(30) days prior to expiration of the permit. Permits are not transferable or refundable. Failure to
obtain a permit prior to operating as a breeder shall constitute a violation of this Ordinance.
10. The Director shall have the authority to deny, suspend or revoke a permit, as
issued under this Section. The Director shall notify the permit holder of the denial, suspension,
or revocation of the permit in writing. Any person who has been denied a permit or whose
permit has been revoked or suspended may appeal this action in a court of competent jurisdiction
within thirty calendar days from the date of notice.
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11. Animal-related organizations in good standing with animal services as oak
contemplated herein and rescue organizations qualified to adopt animals from animal services
that are housing cats and dogs in foster or sanctuary settings as an alternative to humane
euthanasia may acquire a blanket license for all cats and dogs housed when registering the
animals housed on the premises.
SECTION THIRTEEN: Penalties.
1. For any violation or alleged violation of this Ordinance, the Director, 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) the animal a written
warning statement.
2. For an initial violation of Section Eight; Section Ten, Subsection 2; Section
Eleven and Section Twelve of this Ordinance, the Director, 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) the animal a Notice to Comply under which the
recipient must come into compliance within fifteen days of receipt. Failure to comply may result
in issuance of a citation.
3. For any violation of Section Nine of this Ordinance, the Director, 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, A fine of
$25.00 is to be paid to animal services within 72 hours, excluding Saturdays, Sundays and legal
holidays. If the notice of violation fine is not paid within the prescribed time, a citation may be
issued.
4. A violation of this Ordinance is a civil infraction as provided in F.S. § 828.27. For
any violation of this Ordinance, the Director, 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 citation.
A. A citation issued by an animal control enforcement officer under the
provisions of this section shall be in a form prescribed by the board. Such citation shall contain
all known information required by F.S. § 828.27, including the date and time of issuance of the
citation; name and address of the person in violation; the date of the violation; description of the
animal involved; the section or sections of this Ordinance, or subsequent amendments, violated;
the facts constituting probable cause; name and authority of the citing enforcement officer; also
the procedure for the person to follow in order to pay the civil penalty, to contest the citation, or
to appear before the special magistrate when a mandatory appearance is required as specified in
the citation or when scheduled by the code enforcement department, in which case there is no
option but to appear before the special magistrate; the applicable civil penalty if the person elects
not to contest the citation and the applicable civil penalty if the person elects to contest the
citation; also a conspicuous statement of the effect of failure to promptly pay the fine or appear
before the special magistrate or in court. Subject to the limitations now or hereafter specified in
F.S. § 828.27, a mandatory special magistrate or court appearance may be required by the issuing
officer. Mandatory appearances before a special magistrate may also be ordered by the special
magistrate as specified in this section, or as otherwise within the special magistrate's authority.
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B. Upon conviction of any civil infraction, the violator shall be punished by a
fine not to exceed $500.00 in the discretion of the court or special magistrate, as applicable. Each
day of the violation or noncompliance as to each animal shall be considered as a separate and
distinct offense. In addition, any person convicted under any provisions of this Ordinance shall
pay all costs and expenses involved in the case.
C. Each violator shall be required to pay an administrative surcharge of
$5.00, plus a $2.00 surcharge to pay the costs of the 40-hour minimum standards training course
for animal control enforcement officers for each cited violation.
D. Each person or entity that commits one or more civil infraction(s) under
this Ordinance, but does not contest the citation, shall pay a fine for each such separate offense
as follows:
(1) Nonaggravated violations. Fines for an uncontested citation of
violation of any provision of this Ordinance, except any aggravated violation described in
paragraph (2), below and as defined above, are as follows:
(a) First citation: $100.00 for each first offense.
(b) Second citation: $200.00 for each second offense.
(c) Third(or more) citation: $300.00 for each such offense if a
mandatory appearance is not required by the animal control
enforcement officer named on the citation. If a mandatory
appearance is required by the animal control enforcement officer
named on 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 special magistrate or other trier of
fact. A mandatory 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. A violation of Section Fourteen, Subsection
4; Section Nine, Subsection 1, Sub-subsections (I) and (J); or Section Ten, Subsection 1
shall be considered an aggravated violation. For each uncontested aggravated violation,
the fines and appearance obligations are as follows:
(a) First citation: $250.00 for each first aggravated violation.
(b) Second citation: $350.00 for each second aggravated
violation and a mandatory appearance before the Special
Magistrate.
(c) Third(or more) citation (s): A mandatory appearance and a
recommended fine of more than $400.00 but not more than
$500.00 for each such aggravated violation. The amount of such
fines shall be determined by the Special Magistrate or other trier of
fact.
E. Animal services may authorize and establish an educational program aimed
at teaching responsible pet ownership. When such a program becomes available any person who
receives a citation may elect to attend in lieu of payment. The person cited shall be responsible
for any cost associated with attending the course. The person cited must register and pay for the
course within twenty (20) days of receipt of the citation. Registration and payment for the course
constitutes admission of the violation and in so doing the person waives his or her right to
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contest the violation to the Special Magistrate. The course must be successfully completed within
ninety (90) days of receipt of the citation. Upon completion of the course, the civil penalty will
be waived; however, a person may not make an election under this subsection if the person has
successfully completed this course within the preceding twelve (12) months or if the citation
requires a mandatory appearance before the special magistrate. A person may make no more than
two (2) elections under this subsection. Successful completion of the course does not constitute
dismissal of the violation as a first(or subsequent) offense.
F. • A person who is required to appear does not have the option of paying the
fine instead of appearing before the Special Magistrate.
G. A citation that is dismissed by the county, or by the Special Magistrate 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.
H. The violator's failure to pay the fine, and/or to timely request a hearing
before the Special Magistrate may result in an admission of guilt. The code enforcement
department shall give notice to the violator that a hearing will be conducted concerning the
alleged violation(s) and/or unpaid fines. The notice shall be in similar form to that described in
the Collier County Code Enforcement Special Magistrate Ordinance and state the time and place
of the hearing, as well as the violation(s) which are alleged to exist and/or the accruing fine
amount, if applicable. The Special Magistrate's findings shall be reduced to writing and recorded
in the official records.
I. Notwithstanding anything in this Ordinance, the individual who issues the
citation or other pleading may require a mandatory appearance if a mandatory appearance is in
that instance authorized by law.
J. If the named violator is properly noticed of the hearing and fails to appear,
the Special Magistrate may hear the citation and impose any penalties allowed by this Ordinance.
K. The named violator or the county may seek to overturn a final order of the
Special Magistrate by making application to the county court for a trial de novo on the merits.
Such application must be filed within 30 calendar days from the rendition of the order sought to
be overturned. A violator will have the right to a de novo proceeding provided that all
administrative remedies have been exhausted. Failure to make such application within the
required time period will render the findings and order of the Special Magistrate conclusive,
binding, and final. All findings of the Special Magistrate will be evidence at any de novo
proceeding held pursuant to this subsection.
L. If the named violator or the animal control enforcement officer fails to
appear in court the court may issue an order to show cause. Such order shall require such persons
to appear before the court to explain why action on the citation has not been taken or the court
may render a civil judgment up to $500.00. If any person who is issued an order to show cause
fails to appear in response to the court's directive,that person may be held in contempt of court.
M. if any penalty provision specified by F.S. § 828.86 is amended, such
amended penalty provisions shall apply to this Ordinance without further action by the board of
county commissioners.
N. The County may institute proceedings in a court of competent jurisdiction to
compel payment of any civil penalty. If a person fails to pay the civil penalty, or fails to appear
in court as may be required, then the court may issue an order to show cause upon the request of
animal services. The person shall be required by the court to appear before the court to explain
why action on the citation has not been taken. If any person who is issued such order fails to
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appear in response to the court's directive,the person may be held in contempt of court.
0. Nothing herein contained shall prevent or restrict the county from taking
such other lawful action in any court of competent jurisdiction as is necessary to prevent or
remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be
limited to, an equitable action for injunctive relief and an action at law for damages.
5. Penalty Schedule. The following Penalty Schedule is meant as a summary of the
penalties set forth above. Should this chart conflict with the penalty provisions set forth above,
the penalty provisions shall control.
Violation of First Offense Second Offense Third or Subsequent
Offense
Section Eight: Notice to Comply, Citation: $200 Citation: $300
Requirement to with a$100 citation
license and vaccinate issued if not in
compliance in 15
days
Section Nine: Notice of Violation, Citation: $200 Citation: $300
General Violations with a$100 citation
issued if$25
discounted fine not
paid in 72 hours
Section Nine, Notice of Violation Aggravated Citation: Aggravated Citation,
Subsection 1 (I) and with a$250 $350 with mandatory with mandatory
(J) Aggravated Citation appearance. appearance: $400-
if$25 discounted fine 500, as set by the
not paid in 72 hours special magistrate.
Section Ten Aggravated Citation: Aggravated Citation: Aggravated Citation,
Subsection 1: $250 $350 with mandatory with mandatory
Animal Cruelty appearance. appearance: $400-
500, as set by the
special magistrate.
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Akegkfa
Section Ten, Notice to Comply, Citation: $200 Aggravated Citation:
Subsection 2: with a$100 citation $350.
Tethering issued if not in
compliance in 15
days
Section Eleven: Notice to Comply Citation: $200 Citation: $300
Dangerous Dog with a$100 citation
issued if not in
compliance in 15
days
Section Twelve: Notice to Comply Citation: $200 Citation: $300
Standards of Care with a$100 citation
issued if not in
compliance upon re-
inspection.
Any item not Citation: $100 Citation: $200 Citation: $300
specified above
SECTION FOURTEEN: Disposition of Impounded Animals.
1. Impounded animals not suspected of having an infectious or contagious disease
shall be held for a minimum of five full days (120 hours) to provide time for the animal's owner
to notify staff of intent to recover the animal. The Director or designee shall make at least three
attempts to contact the owner of an impounded animal, if the owner's identity is known or easily
ascertained, before the animal's humane disposition. Dogs, cats, and other animals not claimed
within the five-day period, may be adopted, or may be euthanized by any method specified in
F.S. § 828.058.
2. Animals shall be released to owners on presentation of proof of ownership and
payment of costs and fees.
A. Fees.
(1) Fees related to impoundments may include, but are not limited to;
impoundment fees, advertising fees for impounded livestock, laboratory
and veterinarian fees,transportation fees, and daily board.
(2) Fees are established and revised by resolutions adopted by the
board of county commissioners.
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B. Microchipping.
(1) Dogs and Cats that have been impounded shall be microchipped by
animal services' staff at the owner's expense prior to being released to the
owner. Microchipping shall be required based on the first impoundment.
(2) Animals that are already microchipped when impounded, must
have the information on the microchip recorded by animal services. The
information must be accurate and current. If the information is not current,
the owner must come into compliance with this section prior to having the
animal released.
(3) At the discretion of the Director, the animal may be released to the
owner if the owner signs a sworn statement representing that the animal
will be implanted with a microchip by a licensed veterinarian. The owner
will be required to submit a statement within ten days, signed by a
licensed veterinarian, confirming that the animal has been so implanted
and provide the microchip number to animal services. No microchipping
is required if a licensed veterinarian certifies in writing that microchipping
would endanger the animal's health.
C. Mandatory spay/neuter.
(1) Dogs and cats that have been impounded shall be spayed/neutered
at the owner's expense prior to being released to the owner. Spay/neuter
shall be required based on first impoundment.
(2) At the discretion of the Directors, the animal may be released to
the owner if the owner signs a sworn statement representing that the
animal will be spayed/neutered by a licensed veterinarian. The owner will
be required to submit a statement within ten days, signed by a licensed
veterinarian, confirming that the animal has been so sterilized. No
spay/neuter is required if a licensed veterinarian certifies in writing that
the surgery would endanger the animal's health or if a licensed
veterinarian with whom the pet owner has a previously established doctor-
patient-client relationship certifies in writing that the animal is of
appropriate health, conformation, and temperament to be bred. Such
certification is to be made on a sworn statement provided by the County.
The owner of the animal will also certify on a sworn statement to be
provided by the County that he or she will comply with the provisions of
this Ordinance or all laws and ordinances governing the regulation of
breeders.
3. Animals not claimed within a five-day period may be adopted, subject to the
provisions below:
A. Adoption fees are established and revised by resolutions adopted by the
board of county commissioners.
B. A portion of each adoption fee for a dog or cat will be deposited in the
county neuter/spay trust fund for the purpose of funding the county's neuter/spay program. The
amount to be deposited is established and revised by resolutions adopted by the board of county
commissioners.
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C. Administration of the neuter/spay program shall remain under the control iativ
of the Director. Accounting for the disbursement of the neuter/spay fees shall be in accordance
with procedures of the county's finance department.
D. Dogs and cats that are adopted shall be microchipped by animal services'
staff at the adopter's expense prior to being released to the adopter.
E. Dogs and cats that are adopted shall be spayed/neutered by animal
services' veterinarian or a licensed veterinarian contracted by animal services prior to being
released to the adopter.
F. If a dog or cat adopted from animal services is not sterilized prior to
placement in the adopter's home, the adopter shall have the animal sterilized by a licensed
veterinarian within 30 days of the adoption or prior to the animal's sexual maturity. The adopter
shall enter into a written agreement with the county guaranteeing such sterilization. If the
subsequent sterilization is not performed by animal services' veterinarian or a licensed
veterinarian contracted by animal services, the adopter shall be responsible for the expense.
Assumption of financial responsibility does not relieve the adopter of the requirement to provide
written proof of sterilization within the specified time limit.
4. No person, or on behalf of any other person or entity whatsoever, shall acquire or
attempt to acquire actual or constructive possession of any animal for any use in research,
testing, animal fighting, or animal sacrifice, from the actual or constructive possession of any
county animal services center, or from any person or entity operating or controlling any animal
custody facility, pound, or animal shelter that is then leased from the county by a lease that
prohibits such use, or is then under a contract with the county which contract prohibits such use.
Such use includes the immediate or eventual sale, transfer, gift, trade, donation, delivery, or any
other provision of any animal for use in research, testing, and/or animal sacrifice. No employee,
volunteer, worker, agent or other representative of any such entity shall knowingly release from
the actual or constructive possession of any such entity, any animal for any such known or
suspected use.
5. Failure to comply with the requirements of section shall be a violation of this
Ordinance and punishable as provided in Section Thirteen.
SECTION FIFTEEN: Wild Animals.
It shall be unlawful for any person to maintain or keep a wild animal except:
1. Owners licensed by the State Fish and Wildlife Conservation Commission and
confined to the owner's premises in a cage or enclosure.
2. A wild animal for exhibition purposes maintained by a licensed circus, zoo,
attraction or educational institution.
SECTION SIXTEEN: Psittacine birds.
1. A Psittacine bird known to be infected with the Psittacosis virus, or to have been
associated with a bird known to be infected, shall be quarantined until released by the health
officer. No bird shall be removed from where an infected bird is found until the quarantine is
lifted.
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2. When human contamination is traced to an aviary a reasonable number of birds
will be confiscated for virus examination.
3. Infected birds shall be killed and their bodies immersed in two percent Creosol
and burned before the feathers are dry if the bodies are not shipped for laboratory examination.
Shipment for laboratory examination shall be made in accordance with instructions by the health
officer.
SECTION SEVENTEEN: Feral Cats.
1. Feral cat colonies shall be permitted when registered with an agency contracted
with Collier County to manage a trap-neuter-return program.
2. Feral cat colonies shall be managed in compliance with the terms and conditions
of such a contract.
3. In the event animal services receives a complaint of an alleged violation of
Section Ten of this Ordinance, the agency contracted with Collier County to manage a trap-
neuter-return program shall be given 15 days to remedy said violation. Thereafter, all normal
provisions of this Ordinance apply.
4. For the purposes of enforcement of this Ordinance, a feral cat's caregiver shall be
considered its owner.
SECTION EIGHTEEN: Repeal of Ordinance No.2008-51, as amended.
Upon adoption of this Ordinance, Ordinance No. 2008-51, as amended, is hereby
repealed and replaced in its entirety.
SECTION NINETEEN: 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 the 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 portion.
SECTION TWENTY: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
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SECTION TWENTY-ONE: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
,Deputy Clerk , CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
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