Agenda 09/10/2013 Item #16D16 9/10/2013 16.D.16.
EXECUTIVE SUMMARY
Recommendation to direct the County Manager or his designee to advertise a proposed
Standards of Care Ordinance establishing regulations for the keeping of animals by
animal-related businesses and organizations, commerical and non-commercial breeders,
and rodeos as contemplated in the Animal Control Ordinance(Ordinance 2013-33).
Objective: To insure the health of the human residents and visitors of the County, with the
secondary purpose of insuring the health of the animals in the County; and to support the mission
of animal services, as established by the Board of County Commissioners:
Considerations: On May 14, 2013, the Board of County Commissioners adopted Ordinance
No. 2013-33, the Collier County Animal Control Ordinance. Section Twelve of the Ordinance
provides for the establishment of Standards of Care for animal-related businesses, animal-related
organizations, commercial breeders, non-commercial breeders, and rodeos to be approved by the
Board of County Commissioners.
The Standards of Care as proposed provide for proper animal husbandry, appropriate safety and
record-keeping by animal-related businesses and organizations, specific protections for the
health and well-being of institutionalized dogs, specific human and animal safety protections
required of rodeo operators, and extensive animal and consumer protections required of breeders
of cats and dogs.
These standards are to be applied to the above-mentioned entities during routine inspections
associated with a mandatory permitting process as contemplated in the Animal Control
Ordinance. Failure to meet standards may result in the issuance of a Notice to Comply with a
specified time period within which the entity must take corrective action. Failure to take
corrective action may result in citations and/or permit suspension or revocation.
Fiscal Impact: Advertisement fees of approximately $300. The adopted changes to the Animal
Control Ordinance, of which these Standards are a part, are expected to increase workload for
staff. The level of impact is not yet fully known, but staff proposes that the changes be
implemented using existing resources. Concomitantly, operating revenues are expected to
increase through permitting fees and other fees and penalties.
Growth Management Impact: None.
Legal Considerations: This item has been approved as to form and legality and requires a
majority vote for Board approval. —ERP
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Recommendation: That the Board of County Commissioners authorizes the advertisement of
the proposed Standards of Care Ordinance establishing regulations for the keeping of animals by
animal-related businesses and organizations, commercial and non-commercial breeders, and
rodeos.
Prepared by: Amanda Townsend, Director, Domestic Animal Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.16.
Item Summary: Recommendation to direct the County Manager or his designee to
advertise a proposed Standards of Care Ordinance establishing regulations for the keeping of
animals by animal-related businesses and organizations, commerical and non-commercial
breeders, and rodeos as contemplated in the Animal Control Ordinance (Ordinance 2013-33).
Meeting Date: 9/10/2013
Prepared By
Name: CarrollKellie
Title: VALUE MISSING
8/23/2013 9:27:28 AM
Submitted by
Title: Director-Domestic Animal Services,Domestic Anima
Name: TownsendAmanda
8/23/2013 9:27:29 AM
Approved By
Name: TownsendAmanda
Title: Director-Domestic Animal Services,Domestic Anima
Date: 8/26/2013 10:39:23 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 8/26/2013 3:57:28 PM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 8/26/2013 5:52:33 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 8/29/2013 4:17:21 PM
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Name:FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/29/2013 5:50:30 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/3/2013 2:22:40 PM
Name: OchsLeo
Title: County Manager
Date: 9/3/2013 2:56:02 PM
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ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING STANDARDS OF
CARE FOR ANIMAL-RELATED BUSINESSES, ANIMAL-RELATED
ORGANIZATIONS, COMMERCIAL BREEDERS, NON-COMMERCIAL
BREEDERS, AND RODEOS IN COLLIER COUNTY; PROVIDING FOR
PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 14, 2013, the Board of County Commissioners (Board) adopted
Ordinance No. 2013-33, the Collier County Animal Control Ordinance, with the intent of
ensuring compliance with local and State animal-related laws, returning strays to their owners
and promoting the adoption of homeless animals to new families, and to work toward ending the
community problem of pet overpopulation; and
WHEREAS, Section Twelve of the Collier County Animal Control Ordinance provides
that the Director of Animal Services "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;" and
WHEREAS, the Director of Animal Services has recommended that the Board establish
the Standards of Care for animal-related businesses, animal-related organizations, commercial
breeders, non-commercial breeders, and rodeos in Collier County as set forth in this Ordinance,
which recommendations are approved by the Board.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY THAT:
SECTION ONE: Purpose of Ordinance.
The purpose of this Ordinance is to create the Standards of Care authorized by Section
Twelve of the Collier County Animal Control Ordinance. This Ordinance is expressly limited to
animal-related businesses, animal-related organizations, commercial breeders. non-commercial
breeders, and rodeos and is to be read in conjunction with the Collier County Animal Control
Ordinance.
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SECTION TWO: General Standards of Care. Aot
Anyone who owns or maintains an animal-related business, animal-related organization,
commercial breeder, non-commercial breeder, or rodeo 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, proper
facilities and company of the animal's own kind; and
5. Freedom from fear and distress by ensuring conditions and treatment which avoid
mental suffering.
SECTION THREE: Proper Animal Husbandry.
Anyone who owns or maintains an animal-related business, animal-related organization,
commercial breeder, non-commercial breeder, or rodeo must exercise proper Animal Husbandry,
which includes the following practices:
1. Animal enclosures must be safe, sanitary, dry, and must protect the animals from
the elements.
2. Animal enclosures shall be large enough for each animal contained therein to
stand up, sit down, lie down, and turn around simultaneously.
3. 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.
4. Airline-type containers normally used for shipping and transporting animals shall
not be used to permanently house animals.
5. Where animals are incompatible, they shall be contained separately in appropriate
enclosures.
6. Housing facilities for animals must be clean and sufficiently ventilated at all times
when animals are present to provide for their health, comfort and well-being.
7. 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.
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8. Premises where animals are housed shall have sufficient lighting and provide 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.
9. Premises where animals are housed shall be clean, orderly and free of garbage,
toxic substances, unused food, standing water, sharp objects, litter or refuse.
10. Garbage shall be kept in garbage cans with properly fitting lids and disposed of
regularly.
11. Bodies of dead animals must be disposed of according to applicable county and
state regulations, policies and laws.
12. 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.
13. Any poisonous plants growing in or near where herbivorous animals are being
housed should be removed.
14. 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.
15. All animal feces shall be removed and disposed of properly. Livestock manure
which has been removed from animal enclosures shall be maintained the
maximum feasible distance from animal housing. Animal feces shall not be
allowed to contaminate surrounding waters.
16. Food dishes and water bowls shall be cleaned daily.
17. When communal feeding containers are used, there shall be sufficient space to
feed all the animals simultaneously.
18. Animals shall be provided with food of sufficient quantity and quality to allow for
normal growth and maintenance of a healthy body weight.
19. Fresh water shall be available to all animals daily and shall be maintained in a
container in such a manner that animals cannot turn the container over.
20. Food and water shall be fresh, appropriate for the animal, and free from
contamination.
21. Animals must be given exercise appropriate for their species, breed, and size.
22. The responsible party must follow veterinary instructions for any sick or injured
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animal. Proof of adequate, timely veterinary care and follow-up must be provided AIOW
to animal services upon request.
23. 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. Applicable county and state health
regulations must be followed when caring for any animal harboring an animal-to-
human disease.
24. 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.
25. Animals shall not be worked in a sick, diseased or injured condition.
26. Animals shall not be abused, mistreated, tormented or in any manner made to
suffer by any person or any means.
27. Any enclosure used as a primary means of confinement for a dog must meet the
definition of proper enclosure as defined in the Collier County Animal Control
Ordinance.
28. Cats must be provided access to a receptacle containing sufficient clean litter to
contain excreta and body wastes.
29. Cats must be provided solid resting surface(s) that are sufficient to hold all cats at
the same time comfortably.
30. Livestock normally maintained in outdoor areas must have access to shelter that
provides protection from the direct rays of the sun and the direct effect of wind
and rain and is 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.
31. Livestock shall have access to dry ground at all times.
32. Livestock shall be provided access to an appropriately fenced open area for
routine exercise.
33. Livestock must be securely confined and not permitted to run at large.
34. Livestock shall not be left unattended while tethered.
35. Equine and ovine shall have hooves trimmed so as to prevent lameness and
extreme overgrowth.
36. Equine must have documentation by a licensed veterinarian certifying that the
equine has been tested for Equine Infectious Anemia (Coggins test) within the
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preceding twelve-month period.
37. Animals other than those specifically enumerated herein shall be cared for
pursuant to general guidelines and accepted animal husbandry standards for each
species.
SECTION FOUR: Regulations for Animal-Related Businesses and Organizations.
A. Posting of Permit
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 post emergency contact
information in a prominent place visible from the exterior of the main entrance to
the premises. If an animal-related organization is located in a premises used
primarily as a residence, this contact information does not need to be prominently
posted, but must be kept current and on file with animal services, the local law
enforcement entity, and the local fire department. This contact shall be available
at all hours in case of emergencies or other enforcement-related matters.
3. 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.
4. 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.
5. 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.
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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. Exceptions to this provision may be made on a case-by-case basis
when due to extenuating circumstances it is in the best interest of the animal for
the animal owner to remain anonymous.
4. Where the animal-related business or organization has a right of ownership in the
animal, records shall indicate 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.
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E. Long-term Nonresidential (Institutional) Housing of Dogs
1. Dogs maintained in a nonresidential setting for a period longer than three months
shall be afforded protective measures. The responsible party shall notify animal
services regarding all dogs maintained in a nonresidential setting for longer than
three months and shall comply with the following requirements:
a. A veterinarian will examine the animal once every six months. Dogs not
maintained on a heartworm preventative program shall be given an occult
heartworm 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 fifty minutes of play, interaction,
grooming and/or training each week 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.
SECTION FIVE: Regulations for Rodeos.
A. Posting of Permit
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 event 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.
C. Public Awareness
The operator of a rodeo event shall make available to attendees literature to be provided
by animal services outlining the provisions of the Collier County Animal Control Ordinance.
D. Rodeo Regulations
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1. 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.
2. 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
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examined and released by the attending veterinarian, and
g. Rowels on spurs of all contestants are short, dull, and free to revolve.
SECTION SIX: 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
. 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). ."
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4. The OCVI must contain the following information:
a. The date of the examination by the examining veterinarian
b. The examining veterinarian's license number
c. The examining veterinarian's signature
d. The age, breed, sex, color, and any distinguishing marks of the animal
e. The 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:
i. 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.
ii. 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:
i. Vaccination against panleukopenia, feline viral rhino tracheitis,
and calici virus. A rabies inoculation must be provided for any cat
over three months of age.
ii. Diagnostic tests to detect the following 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 on
the OCVI.
6. If the animal is less than 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
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age, but no more than one year before sale within the county. Amok
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 within thirty days of the issuance of the
OCVI, then a new examination and OCVI must be obtained.
9. All dogs, cats, puppies and kittens offered for sale must be implanted with a
microchip.
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 PP�u ies and litters born, and the
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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;
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b. Literature to be provided by animal services outlining the provisions of the
Collier County Animal Control Ordinance; and
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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.
2. This section does not in any way limit the rights or remedies that are otherwise
available to a consumer under any other law.
F. Exemptions
Animal services, humane societies, and 501(c)3 rescue organizations shall be exempt
from the provisions of this section.
SECTION SEVEN: Penalties.
Failure to abide by this Ordinance may result in penalties as set forth in Section Thirteen
of the Collier County Animal Control Ordinance or denial, revocation, or suspension of an
entity's County-issued license as provided in Section Twelve of the Collier County Animal
Control Ordinance. Anyone who receives a citation, 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.
SECTION EIGHT: 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 NINE: Inclusion in the Code of Law 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 Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION NINE: Effective Date.
This Ordinance shall be effective by November 1, 2013.
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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 GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Approved as to form and legality:
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Emily R. Pepin, Assistant County Attorney
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