Agenda 03/27/2012 Item #16D 73/27/2012 Item 16.Q.7.
EXECUTIVE SUMMARY
Recommendation to approve conceptual changes to the Animal Control Ordinance and direct the
County Manager or his designee to prepare actual ordinance language changes to be approved by
the Board at a future meeting.
Objective: To protect the public, health, safety and welfare of County resident's and visitor's
and insure the health of animals in the County.
Considerations: At its November 8, 2011 meeting, the Board of County Commissioners
heard a public petition from Colleen MacAlister (613) and a regular agenda item presented by
staff (10E), both concerning enforcement of the local Animal Control Ordinance. The Board
directed that the Domestic Animal Services Advisory Board create a subcommittee to formulate
proposed changes to the Animal Control Ordinance and bring back its findings.
Two major areas of concern, based on public input, are the need for 1) additional regulation with
respect to cat and dog breeding and 2) a prescriptive system for the issuance of penalties and
consequences for non - compliance with the same.
The Ordinance Revision Subcommittee of the Domestic Animal Services Advisory Board is
recommending that these concerns be addressed in the Animal Control Ordinance through the
following conceptual changes:
Strengthening existing provisions within the Animal Control Ordinance that allow for
permitting and inspections of kennels, pet shops, stables, and rodeos. Currently the
Ordinance allows for annual permitting of such establishments under which a fee is
assessed and inspections are made to ensure compliance with standards and regulations
established by the Board via resolution. Proposed changes would include re- defining (or
re- affirming the current definitions of) the terms "kennel" and "pet shop," and
introducing definitions for "hobby breeder" and "commercial breeder." Established
penalties for non - compliance and standards and regulations will also be re- evaluated and
changes introduced as appropriate. The intention of these proposed changes is to ensure
that all dog and cat breeders are contemplated in the permitting process, ensure higher
standards of care, and provide for stricter penalties for non - compliance.
2. Introduce language to the Animal Control Ordinance that will result in consistency in the
issuance of penalties when a verifiable violation occurs, allow for persons cited for first -
time violations of the Ordinance to voluntarily take a responsible pet ownership class,
after successful completion of which the citation will be forgiven, and establish of a
process for advancing uncollected civil citations to County Court. The intention of this
proposed change is to increase the effectiveness of issuing penalties in discouraging non-
compliance with regulations.
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3/27/2012 Item 16.D.7.
3. Revise the definition of "dangerous dog" within the Ordinance to more strictly reflect the
definition found in Section 767.11, Fla. Stat. The intention of this proposed change is to
thwart potential successful appeals to dangerous dog declarations.
Additional regulations to ensure the protection of the community's animals, such as institution of
a mandatory requirement to microchip cats and dogs unless appropriately excused by a
veterinarian, and creation of regulations ensuring safe transport of animals in motor vehicles,
may be proposed at the time the above changes are brought forward in strike - through/underline
format.
Fiscal Impact: Changes proposed in #1, above, represent a small increase in the scope of
existing operations. Minimal impact to existing resources is anticipated if the proposed
permitting is offered as a complaint- driven service for residences and a proactive one (as is
current practice) for establishments holding a business tax receipt.
Regarding changes proposed in #2, above, consistency in the issuance of penalties may result in
an increase in the issuance of citations, and therefore revenue.
Introducing a program whereby persons cited for first -time violations of the Ordinance may
voluntarily take a responsible pet ownership class, after successful completion of which the
citation will be forgiven, would require program development and implementation efforts that
could be undertaken by current staff. The course could be taught by volunteer instructors, or by
paid staff and a registration fee charged to offset expenses for any staff time and /or course
materials. Expenses could be controlled by not offering the course until a revenue threshold had
been met via registration fees.
Finally, advancing uncollected civil citations to County Court has the potential to increase
revenue for the department. Following a precedent set in other counties, staff is working with the
Clerk of Courts Office to explore the possibility of bundling unpaid citations issued over a given
time period and requesting the courts to hold a mass order to show cause hearing. If this proposal
proves feasible, it will minimize filing costs and maximize payments. Under the current system,
whereby unpaid citations are advanced to a collections agency contracted with the County,
citation collection yields about 50% on all citations written.
Regarding changes proposed in #3, above, little fiscal impact is anticipated. A potential savings
in resources dedicated to defending dangerous dog declarations against appeals in the courts is
possible, but speculative.
Growth Management Impact: No Growth Management Impact is associated with this action.
Legal Considerations: The current Animal Control Ordinance is in compliance with Florida
law, and the proposed changes will maintain compliance with Florida law. This item has been
reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for
Board action. — CMG
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3/27/2012 Item 16.D.7.
Advisory Board Recommendation: The Domestic Animal Services Advisory Board voted
unanimously at their regular scheduled meeting on February 21, 2012 to request that the Board
of County Commissioners approve conceptual changes to the Animal Control Ordinance and
direct the County Manager or his designee to prepare actual ordinance language changes to be
approved by the Board at a future meeting.
Staff Recommendation: That the Board of County Commissioners approves the above outlined
conceptual changes to the Animal Control Ordinance and directs the County Manager or his designee to
prepare actual ordinance language changes to be approved by the Board at a future meeting.
Prepared bY: Amanda Townsend, Director, Domestic Animal Services
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3/27/2012 Item 16.D.7.
COLLIER COUNTY 4w,
Board of County Commissioners
Item Number: 16.D.7.
Item Summary: Recommendation to approve conceptual changes to the Animal Control
Ordinance and direct the County Manager or his designee to prepare actual ordinance language
changes to be approved by the Board at a future meeting.
Meeting Date: 3/27/2012
Prepared By
Name: GuevaraEkna
Title: VALUE MISSING
12/19/2011 10:14:36 AM
Submitted by
Title: VALUE MISSING
Name: GuevaraEkna
12/19/2011 10:14:37 AM
Approved By
Name: TownsendAmanda
Title: Director - Domestic Animal Services,Domestic Anima
Date: 3/8/2012 9:26:04 AM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 3/8/2012 9:26:28 AM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 3/8/2012 9:49:48 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 3/8/2012 10:46:22 AM
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Name: CarnellSteve
3/27/2012 Item 16.D.7.
Title: Director - Purchasing/General Services,Purchasing
Date: 3/13/2012 10:49:38 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/14/2012 4:57:28 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 3/16/2012 3:24:58 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/19/2012 11:12:34 AM
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