Agenda 01/12/2010 Item #16D10
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Agenda Item No. 16010
January 12, 2010
Page 1 of 14
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EXECUTIVE SUMMARY
Recommendation to direct the County Manager or designee to amend the Animal
Control Ordinance, as reflected in the attached proposed amended ordinance, in
order to revise the dangerous dog declaration appeals processes, establish
regulations relating to feral cats, and add provisions regarding the confinement
of dogs, and to advertise and bring b::ck l!n amended ordinance
Obiective: To insure the health of the human residents and visitors of the County, with the
secondary purpose of insuring the health of animals in the County.
Considerations: On October 13, 2009 Michele Antonia brought before the Board of County
Commissioners a proposal from the Collier Community Cat Coalition to revise the Animal
Control Ordinance to accommodate a trap-neuter-return program for feral cats. The BCC
directed staff to propose changes to the animal control ordinance and vet them through the
Domestic Animal Services Advisory Board.
On November 10, 2009 the BCC approved the following conceptual changes to the animal
control ordinance:
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I. Revisions to accommodate trap-neuter-retwn of feral cats, including: addition of
appropriate definitions in Section Two; addition of a specified rabies quarantine protocol
for ear notched/tipped/otherwise marked cats in Section Six; exemption from licensure
for feral cats belonging to registered colonies in Section Seven; and a new Section
Seventeen that stipulates that feral cat colonies will be penn.itted when registered with an
agency contracted with Collier County to monitor and manage a trap-neuter-retwn
program.
2. Inclusion of anti-cruelty provisions in Section Nine to prohibit chaining of dogs, except
under specific circumstances. At the request of the Domestic Animal Services Advisory
Board staff has also added a revision of the definition of "proper enclosure" in Section
Ten to include requirements for adequate space.
3. Revisions in Section Ten (the Dangerous Dog section) to I) replace the three-person
panel currently used to hear appeals of dangerous dog detenninations with the Special
Magistrate and 2) clarify procedures for appeals of dangerous dog detenninations to the
courts.
Staff recommends that concurrent to the above changes the Board of County Commissioners
executes a Memorandum of Understanding with the Collier Community Cat Coalition wherein
the Coalition agrees to monitor and manage and community-wide trap-neuter-return program.
Advisory Board Recommendation: At its December 15, 2009 meeting, the Domestic
Animal Services Advisory Board (DASAB) voted to recommend to the Board of County
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Agenda Item No. 16010
January 12, 2010
Page 2 of 14
Commissioners that the proposed amendments to the Animal Control Ordinance be approved,
with the following exception:
DASAB recommends that Section Nine, Inhumane Treatment of Animals, Paragraph Two read:
"Any enclosure used as a primary means of confinement for a dog must meet the definition of
p;'cpcr enclosure as stated in Scction Ten of this Ordinance. No domestic animal shall be
chained, tethered, or otherwise tied to any inanimate objects such as trees, buildings or posts."
Staff respectfully posits that the language proposed by DASAB may be over-restrictive. While
an unconditional ban on tethering would make enforcement cut-and-dry, it could also prohibit
otherwise reasonable and safe practices. Furthennore, staff is concerned that an unconditional
ban on tethering may place undue burden on renters and those with physical limitations, for
whom tencing and leash-walking (respectively) may not be a viable option.
Fiscal Impact: No Fiscal Impact is associated with this action.
Growth Management Impact: No Growth Management Impact is associated with this action.
Legal Considerations: The proposed action has been reviewed by the County Attorney's
Office and is legally sufficient for Board action. - CMG
Recommendation: Recommendation to direct the County Manager or his designee to amend
the Animal Control Ordinance in order to revise the dangerous dog declaration appeals
processes, establish regulations relating to feral cats, and add provisions regarding the
confinement of dogs, and to advertise and bring back an amended ordinance.
Prepared by: Amanda Townsend, Director, Domestic Animal Services
Agenda Item No. 16010
January 12, 2010
Page 3 of 14
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COT.L!ER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D10
Recommendation to direct the County Manager or designee to amend the Animal Control
Ordinance, as reflected in the attached proposed amended ordinance, in order to revise the
dangerous dog declaration appeals processes, establish regulations relating to feral cats,
and add provisions regarding the confinement of dogs, and to advertise and bring back an
amended ordinance.
Meeting Date:
1/12/20109:00:00 AM
Approved By
Marla Ramsey Administrator - Public Services Date
Public Services Division Public Services Division 1/5/20102:52 PM
Approved By
Sherry Pryor Management! Budget Analvst. Senior Date
Office of Management & Office of Management & Budget 1/6/20101:27 PM
Budget
Approved By
OMS Coordinator Date
County Manager's Office Office of Management & Budget 1/6/20101:28 PM
Approved By
Jeff Klatzkow County Attorney Date
1/6/20101:35 PM
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
Office of Management & Office of Management & Budget
Budget 1/6/2010 2:48 PM
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Agenda Item No. 16010
January 12, 2010
Page 4 of 14
ORDINANCE NO. 2010-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2008-51,
PERTAINING TO ANIMAL CONTROL, BY AMENDING SECTION
TWO, "DEFINITIONS," SECTION SIX, "RABIES CONTROL,"
SECTION SEVEN, "LICENSE CERTIFICATE; TAGS, VACCINATION
REQUIRED," SECTION NINE, "INHUMANE TREATMENT OF
ANIMALS," AND SECTION TEN, "DANGEROUS OR VICIOUS DOGS,
DEFINITIOl'\S AND PROCEDURES," AND BY ADDING SECTION
SEVENTEEN, "FERAL CATS," IN ORDER TO AMEND THE
DANGEROUS DOG DECLARATION APPEALS PROCESSES,
ESTABLISH REGULATIONS RELATING TO FERAL CATS AND ADD
PROVISIONS REGARDING THE TETHERING OF DOGS; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on September 9, 2008, the Board of County Commissioners (Board) adopted
Ordinance No. 2008-5], repealing prior ordinances pertaining to animal control in order to
establish revised, more stringent procedures and violations relating to dangerous dogs and also
provide for an efficient method of revising fee schedules; and
WHEREAS, the Board desires to amend Ordinance No. 2008-51, to amend the dangerous
dog declaration appeals processes, establish regulations relating to feral cats and add provisions
regarding the tethering of dogs.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 2008-51.
Section Two of Ordinance No. 2008-51 is hereby amended as follows:
SECTION TWO:
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:
Aggressive animal means any animal of fierce or dangerous propensities likely to
cause physical injury or property damage or that exhibits traits of ungovernableness.
Words Underlined are added; Words Struck-+hro"gh are deleted.
Page I of 11
Agenda Item No. 16D10
January 12, 2010
Page 5 of 14
Animal means every living dumb creature.
Animal S~ervices means the Collier County Domestic Animal Services department.
Animal services center means any place aRproved as such by the Board of County
Commissioners for the detentioI'. care ""d/o, 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.
* * * * * * * * * *
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 careJ!.iver 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 conlill:gate 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.
* * * * * * * * * *
Torture, torment or cruelty means any act, omission or negligence causing or
allowing to continue unnecessary or unjustifiable pain or suffering when there is remedy or
reliefreasonablvavailable.
.
Trap-neuter-return means the practice of humanely tragping feral cats; ensuring
they are spaved or neutered, vaccinated. and eamotched or eartil1Ped; 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 wpulation of feral cats within the
,
communIty.
Words Underlined are added; Words Struck.-'fhr(}Ug!> are deleted.
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Agenda Item No. 16010
January 12,2010
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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.
SECTION TWO: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2008-51.
Section Six of Ordinance No. 2008-51 is hereby amended as follows:
SECTION SIX:
RABIES CONTROL.
1. The director of animal services shall give urst 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 depar1ment of animal services, including:
A. The victim's name, approximate age and address;
B. The animal O\\'!ler'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 hwuan 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.
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 bv 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.
B. Dogs or cats that have a current vaccination may be confined under
quarantine by fence or smtable enclosure on the premises of the owner, or at
some other location approved by the health officer or the director of animal
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servIces.
C. Earnotched or ear1iQPed 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 trapJled for impoundment. it will be observed dailv by its
Words Underlined are added; Words SlrUCk-+!];ONglt are deleted.
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Agenda Item No. 16010
January 12, 2010
Page 7 of 14
feral cat caregiver. Feral cats that are not earnotched or eartil!.Ped 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 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.
* * * * * * * * * *
SECTION THREE:
AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO.
2008-51.
Section Seven of Ordinance No. 2008-5] is hereby amended as follows:
SECTION SEVEN: LICENSE CERTIFICATE; TAGS, VACCINATION REQUIRED.
\. 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 of animal services. License forms provided by the director of
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Words Underlined are added; Words SkUck-'fh:"ougl1 are deleted.
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Agenda Item No. 16010
January 12, 2010
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animal services for the registration and licensing of dogs and cats shall be
completed and be submitted to thc director of animal services.
G. Veterinarians are authorized to sell dog licenses and cat licenses and are
authorizcd 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 article. Animal
services may deny issuance of a license to any animal without a current rabies vaccination.
No vaccination is required if a liccnsed veterinarian certifies in writing that the vaccination
would endanger the animal's health.
3. Cats belongj!)g to feral cat colonies that are registered with an agency
contracted with Collier County to manage a trap-neuter-return program shall be exemll!
from the requirement to license.
;; 4. 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 bc deposited is established and revised by
resolutions adopted by the Board of County Commissioners.
SECTION FOUR: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2008-51.
Section Nine of Ordinance No. 2008-51 is herebv amended as follows:
.
SECTION NINE:
INHUMANE TREATMENT OF ANIMALS.
I. It shall be unla",ful for any person 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.
Words Underlined are added: Words 8Iruck-+flro"gll are deleted.
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Agenda Item No. 16010
January 12,2010
Page 9 of 14
C. Administer poison or exposc any poisonous substance with reason to know
that the same may kill an animal other than the common rat or mouse.
D. Own or possess a dog that is known to habitually attack, injure, or kill other
animals.
E. Tnrment any animal or deprive any animal of shelter or sufficient quantity
of good and wholesome food and water.
F. Keep any animal in an enclosure without wholesome exercise and change of
.
arr,
G. Abandon to die any animal that is maimed, sick, deformed or diseased.
H. Beat and cause unnecessary injury and suffering to any animal.
L Carry any animal upon or leave any animal in any vehicle in a cruel or
inhumane manner or in any manner that threatens the health of the animal,
such as by overheating, lack of sufficient fresh air, wholesome food, andlor
potable water.
2. Anv enclosure used as a primary means of confinement for a dog must meet
the definition of m:QPCr enclosure as stated in Section Ten of this Ordinance. Continuous
fixed-point restraint shall not be used as a !1rimary means of confinement of a dog and shall
be considered inhwnane treatment. Occasional and reasonable tethering is permitted when
all of the following conditions are met:
A. The dog is at least six months old or older, not sick or iniured. and if female
not in beat.
B. The tether is made of a material manufactured for the J2],!!])ose of restraining
a dog. is at least ten feet in length, weigbs no more than 1/8 the bodv weight
of the dog. has swivels at both ends. and is affixed to a NQperly fitting
harness or collar.
C. The area to which the dog has access is free of obiects that could result in
!!!jury. entanglement. or strangulation.
D. The dog has access to protection from the elements. good and wholesome
water, and dry ground.
E. The dog cannot leave the owner's lliQPerty.
F. Tethering does not occur during periods of extreme weather.
Words Underlined are added; Words Stra.k-+hroagb are deleted.
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Agenda Item No. 16010
January 12, 2010
Page 10 of 14
;! 3. The director of animal
cruelly treated as defmed in this article.
.
serVIces
shall impound any animal found to be
;; 1. Whoever violates any provision 01 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 ofthi~ article.
SECTION FIVE:
AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2008-51.
Section Ten of Ordinance No. 2008-51 is hereby amended as follows:
SECTION TEN:
DANGEROUS OR VICIOUS DOGS, DEFINITIONS, AND
PROCEDURES.
1. Definitions.
^- Dangerous or vicious 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 severely injured or killed a domestic animal while off the
owner's property;
(3) Has been used primarily or in part for the purpose of dog
fighting or is a dog trained for dog fighting; or
(4) Has, when unprovoked, chased or approached a person upon
the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of
attack, provided that such actions are attested to in a sworn statement by one or more
persons and dutifully investigated by the appropriate authority.
B. Unprovoked means that the victim who has been conducting himself
or herself peacefully and lawfully has been bitten or chased in a menacing fashion or
attacked by a dog.
C. Severe injury means any physical injury that results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
Words Underlined are added; Words StrucJH:hrough are deleted,
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Agenda Item No. 16010
January 12, 2010
Page 11 of 14
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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 structurallv 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 iujury and the
elements. The square footage of a J2IQ))er 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 tiQ
of the nose to the base of the tail. doubled, then squared, and divided by 144. For examJ2k,
a dog measuring 30 inches from the tip of the nose to the base of the tail will require a 25-
)illuare-foot enclosure (30 x 2 = 60; 60 x 60 = 3600; 3600 ! 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. If the director of animal services, 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 Chapter 48, Florida
Statutes, 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 "'Titten 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 fulecial Magistrate. ehaHenge hearing pllflelo
B. Any owner of a dog that is initially declared dangerous by the
director of animal services may appeal that decision to the Code Enforcement Special
Magistrate. a--lhree membcr appe~ancl consisting of-.the....fetlo....ing memBers: General
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Words Underlined are added; Words Strnek-+m-ollgh are deleted.
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Agenda Item No. 16010
January 12, 2010
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manager oHhe county-humane society or his or her employee designee, and MY two
employees in ~i0 serviecs depaFlment, not W1der the direction or oontrel--ef-.tRe
air-ector of animal services, who are chosen on a oase by case basis ~ie services
atlministFator. 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.
C. If the ~pecial Magistrate's determination is to uphold the dangerous
dog classification, animal services shall provide written notification to the owner as
required in subsection (A) 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 ap,peal shall not be a hearing de novo,
but shall be limited to agpellate review of the record created before the Special Magistrate.
D. If the dog is not impounded during this time, the dog must 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. No dog that is the subject of an investigation shall be relocated or
ovmership transferred during this time.
E. 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.
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Words Underlined are added; Words Struok.-+hrough are deleted.
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Agenda Item No. 16010
January 12, 2010
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SECTION SIX:
ADDITION OF SECTION SEVENTEEN TO ORDINANCE NO.
2008-51.
SECTION SEVENTEEN: FERAL CATS.
I. Feral cat colonies shall be permitted when registered with an agency
contracted with Collier County to manage a tra,p-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 Eight of this Ordinance. the agency contracted with Collier County to manage a
j,gp-neuter-retl)rTI p,rogram shall be given 15 days to remedy said violation. Thereafter. all
normal grovisions of this Ordinance aI1Ply.
4. For the lli!!Jloses of enforcement of this Ordinance. a feral cat's caregiver
shall be considered its owner.
SECTION SEVEN:
CONFLICT AND SEVERABILITY.
In the event this article conflicts with any other ordinance of the County, or any
municipality therein, or other applicable law, the more restrictive shall apply. If any phrase or
portion of this 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 EIGHT:
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 Ordinance may be renumbered or re-
lettered 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 upon filing with the Department of State.
Words Underlined are added; Words SlFoc-k-+l>rough are deleted.
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Agenda Item No. 16010
January 12, 2010
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 20 I O.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
By:
, Deputy Clerk
, CHAIRMAN
Approved as \0 form and
legal sufficiency:
Co en M. Greene
ssistant County Attorney
04.DAS.0 11 08/980
Words Underlined are added: Words Struck-+hrougk are deleted.
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