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Agenda 03/05/2013 W AGENDA BCC REGULAR MEETING March 5 , 2013 COLLIER COUNTY Board of County Commissioners ■-t ' I, • r t*.� WORKSHOP AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East,3rd Floor Naples FL 34112 March 5,2013 1:00 P.M. Georgia Hiller- BCC Chairwoman; BCC Commissioner, District 2 Tom Henning- BCC Vice-Chairman; BCC Commissioner, District 3 Donna Fiala- BCC Commissioner, District 1; CRAB Chairman Fred W.Coyle- BCC Commissioner, District 4 Tim Nance- BCC Commissioner, District 5; CRAB Vice-Chairman 1. Pledge of Allegiance 2. Animal Control Ordinance 3. Traffic Signal Timing 4. Review of Growth Management's Electronic Plan Submittal and Digital Plan Review System 5. Public Comment 6. Adjourn Notice: All persons wishing to speak must turn in a speaker slip. Speakers will receive three(3)minutes. 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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 dangerous and regulating such dangerous dogs, provided it does not conflict with Chapter 767; and 1 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 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 2 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 an y pla ce appro ved as such b y the Bo and of Count y 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 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. 3 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. 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 4 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 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 5 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 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. 6 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 exemp t from the requi rements relatin g to the state hi gh-hazard r etirement 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. 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 7 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 histor y o f 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 rabi d 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 animal, intact, shall then be submitted to a designated laboratory to be analyzed for rabies infection. 8 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. 9 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, 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. 10 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. I. 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 '/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. 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. 11 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 me ans an y physical injur y that r esults 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 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 12 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. 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. 13 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. 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. 14 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 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. 15 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 ma y be r equired to humanel y and safel y k eep the anim al during an y app eal 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 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 16 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 (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. 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. 11. Animal-related organizations in good standing with animal services as 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 17 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 Ei ght; Secti on 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. 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 18 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 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 19 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 an y 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 appear in response to the court's directive, the person may be held in contempt of court. O. 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 20 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. 21 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. 22 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 th e owne r signs a swo rn stateme nt repres enting 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. 23 C. Administration of the neuter/spay program shall remain under the control 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 writte n a greement with the c ounty guaranteeing suc h 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. I t 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 b y a licens ed cir cus, 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. 24 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. 25 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 26 PART I-CODE Chapter 14-ANIMALS ARTICLE II. -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 Stab 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. 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 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. 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, includng 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 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-rum 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-retum 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 ci 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. 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 artide 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 aninal 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. 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. 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 icensed, 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 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. (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 purpose of funding the Countys neuter/spay program. The amount to be deposited is 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 playgroi.nd 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 bicydes using any road or road right-of- way. 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, inducing 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. 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 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 artide. 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. 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 artide, 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 artide is a civil infraction as provided in F.S. § 828.27. For any violation of this artide, 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 artide, 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: (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. 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 proceecing 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 proceedng 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 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. 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 orderto 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. 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. 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-dent 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 priorto 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. 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 dearly visible to the public. An animal-related business or organization permit is valid for one calendar year and must be renewed annially. 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. 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 encbsure. 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 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 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 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 1. 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 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. 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 L 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 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 L 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 1. 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. 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. 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 1 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 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: (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, 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 1. Paddock areas are not required. 2. If an 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 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 1. 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. I. Hoof trimming 1. Any person maintaining equine or ovine shall keep hooves trimmed so as to prevent lameness and extreme overgrowth causing deformities. J. Equine Infectious Anemia 1. 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. 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 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. 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 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 1. 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. 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 1. 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. 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, (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 (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 (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 (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 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 anthelmintics 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 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 1. 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. 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