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Ordinance 2005-57 ~~~~ / ' '(!Þ /~ =-:~~ \ í ~/. ~ \ ,; f .;~ ~ I '.. ~ \\\~~ ~,I \. \P¿s ~ /,'!'/ ;' \, 'é',.)Io. q~\t ¡ \""1'," '.. l ,- -.. ,_~-:;: r;:':! __1 ,,// '"'' ,/ '.....~.~.._._,._.,...--"..."".""'.".., ORDINANCE 2005- 5 7~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 14, ARTICLE II, WHICH REGULATES AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY, AS PROMULGATED BY ORDINANCE 93-56, AS AMENDED; AMENDING SECTION 14-26, PERTAINING TO DEFINITIONS; AMENDING SECTION 14-27, PERTAINING TO PENALTIES; AMENDING SECTION 14- 31, PERTAINING TO ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND AN EFFECTIVE DATE. r--' 1..- ( _.- ,I f-:,···,·,·", ~ J :..,'~J , -.1 ft""':",," . . I WHEREAS, Chapter 125, Florida Statutes, establishes the right ancfPQwefuf -. ..", , -,....., counties to provide for the health, welfare and safety of existing and future r~Sidents ¡of the County by enacting and enforcing regulations and ordinances for the protection of the public; and WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has adopted Ordinance 04-46, known as the Collier County Code Enforcement Special Master Ordinance, which establishes a process by which violations of codes and ordinances may be enforced before a special master; and WHEREAS, the Board has determined that the existing special master enforcement process will enhance the County's ability to enforce its local animal regulations in the most expeditious, effective and inexpensive manner; and WHEREAS, the Board has determined that it is necessary to amend Collier County's local animal regulations to be consistent with the Special Master Ordinance and all other applicable regulations so that local animal regulations may be enforced before, the Special Master. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article II, Section 14-26, Definitions, of the Code of Laws and Ordinances of CoJlier County, Florida, is amended to include a definition of aggravated violation as follows: Sec. 14-26. Definitions. Words struck through are deleted, words underlined are added. 1 * * * * * * * * * * * * Af!f!ravated violation means a violation which results in the unprovoked biting, attacking, or wounding of a domestic animal; results in the destruction or loss of personal property; is a second or subsequent violation of local animal cruelty laws; or results in the issuance of a third or subsequent citation to a person. * * * * * * * * * * * * SECTION TWO: Article II, Section 14-27, Penalties, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 14-27. Penalties. (a) Notwithstanding penalties set forth in section 2-1141. the maximum civil penalty for a violation of this article is not to exçeed $500.00. A violation of this article is a civil infraction as provided in F.S. § 828.27. (b) If any person, whether public or private, shall fail or refuse to obey or comply with or violates any provision of this article, such person, upon conviction of any such civil infraction, shall be punished by a fine not to exceed $500.00 in the discretion of the court or Special Master, as applicable, plus a $2.00 surcharge to pay the costs of the 40-hour minimum standards training course for animal control officers. 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. (c) Each violator shall be required to pay a surcharge of $5.00 for each cited violation. Each person or entity that commits a one or more civil infraction(s) under this article, but does not contest the citation, shall pay a fine for each such separate offense as follows: (1) Non-aggravated violations. Fines for an uncontested citation of violation of any provision of this article, except any aggravated violation described in paragraph (2) below and as defined above, are as follows: a. First citation: $100 for each first offense. b. Second citation: $200 for each second offense. c. Third (or more) citation: $300.00 for each such offense if a mandatoryeetffi appearance is not required by the animal control enforcement officer named on the citation. If a mandatory eetffi appearance is required by the animal Words struck through are deleted, words underlined are added. 2 control enforcement officer named on the citation, the recommended fine should be more than $350.00 hut not more than $500.00. The amount of the fine(s) shall be as determined by the Special Master or other trier of fact. A mandatory eet:ffi 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. For each uncontested aggravated violation, being a violatiofl of section 11 33(b), (animal testing or sacrifice), or of section 14 36(a)(9) or (10), or aflY violation of any paragraph (1) through (9) of sl:lbsection (a) of section 11 41 (all related to animal cruelty), the fines and eet:ffi appearance obligations are as follows: a. First citation: $250 for each first aggravated violation. b. Second citation: $350.00 for each second aggravated violation and a mandatoryeet:ffi appearance before the Special Master. ifl COI:lRty court. c. Third (or more) citation(s): A mandatoryeetffi 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 jti6ge dcsigllcC Special Master or other trier of fact. (3) A person who is required to appear ifl court does not have the option of paying the fine instead of appearing in court before the Special Master. (4) A citation that is dismissed by the county, or by the eet:ffi Special Master 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. (5) The Violator's failure to pay the fine, and/or to timely request a hearing before the Special Master may result in an admission of ~!Uilt. 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 Master Ordinance of this section 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 Master's findings shall be reduced to writing and recorded in the Official Records. Words struøk through are deleted, words underlined are added. 3 (6) Notwithstanding anything in this article, the individual who issues the citation or other pleading may require a mandatory eeHR appearance if a mandatory eetffi appearance is in that instance authorized by law. (d) If the named violator is properly noticed of the hearing and fails to appear, the Special Master may hear the citation and impose any penalties allowed by this article. (e) The named violator or the County may seek to overturn a final order of the Special Master bv making appJication 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 rightto 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 Master conclusive. binding, and final. All findings of the Special Master will be evidence at any de novo proceeding held pursuant to this paragraph. fàt-ill If aflY persofl the named violator. or the animal control enforcement officer fails to pay the oivil peflalty, fails to appear in COl:lrt to oontest the citatioR, or fails to appear in court for aflY mafldatory COl:lrt appearaflce, the court may issue an order to show cause upon the request of the board of COl:lflty commissioRers aflimal cORtrol enforcement officer. 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 6tteft an order to show cause fails to appear in response to the court's directive, that person may be held in contempt of court. ~{g} If any penalty provision specified by F.S. § 828.8+2 is amended, such amended penalty provisions shall apply to this article without further action by the Board of County Commissioners. fA fh} Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court ot=f..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. SECTION THREE: Article II, Section 14-31, Enforcement, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Words stÅ“ek tRroHgh are deleted, words underlined are added. 4 Sec. 14-31. Enforcement. * * * * * * * * * * * * (c) By agents, employees of animal control department. * * * * * * * * * * * * ( 4 ) Form of citation. A citation issued by an animal control enforcement officer under the provisions of this subsection 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 article, or subsequent amendments, violated, the facts constituting probable cause, name and authority of the citing enforcement offJcer, also the procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court before the Special Master when a mandatory eet:ffi 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 in court before the Special Master, 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 Master or in court. Subject to the limitations now or hereafter specified in F.S. § 828.27, a mandatory Special Master or court appearance may be required by the issuing officer. Mandatoryeet:ffi appearances before a Special Master may also be ordered by a judge the Special Master as specified in section 14-27, belov.', or as otherwise within the judge's Special Master's authority. SECTION FOUR: 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 section, phrase, sentence or portion of this Ordinance is for any reason 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 FIVE: Inclusion in the Code of Laws and Ordinances. Words struek through are deleted, words underlined are added. 5 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 SIX: Effective Date. This Ordinance shall become effective upon filing with the Florida Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~W. ~ FRED W. COYLE, Chairmm\ By:,~ \ t .' I. "" ¿ ,......' .~, ¡ol~..¡ ,,).......... , .'':,', ......- f\-~' ~::.,.....~. '-, ;',~ ,. , Deputy Clerk .... .(- .. .. . ,~.~ , ,:,:';,·~.··~~?;:·.:~~.:Ø\to OtItrun', _: .~ / Ó ":,~:',1~~~ur.~ ~n 1, : ,<,~".~""l.,::\~~,;~:</,¡ /.= '-"',- ,<" ..... ....... . ï::'J .... ..,' , 'Aþprdv~~ as' rei form and legal sufficiency: ~QQJ¿ *~l :...-< JENNIFER A. BEL EDIO Assistant County Attorney This ordinance filed with the ~retory of State's Office the · ~ day oNtN~ êa:J5 and acknowledgeny.ß\., of that :~~~ day By __ _ i)..-. C r Words struck thr-cugh are deleted, words underlined are added. 6 --'--"""".._,~-",.,"µ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-57 Which was adopted by the Board of County Commissioners on the 1st day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of November, 2005. ... " ~'/",:..Ho... ~.,. ~ DWIGHT E. BROeR:'" . ..",,:,.~'J':',;,'. " , ~ .,~. /"./!7.. " Clerk of Courts ~tJ¿t~~.êle~Ã1\" ,.:.µ" :.., y... ' Ex-officio to ?~<¡arn".qf,,~:,.".!}..':ÎI' ~ . -, Q ~ : .,(:\VÇ"i ,;'...... to·~.. County CommlsS~r}ers . . í. '.;:; ~ . 0:..' : .,.. _--~ .. ~_ , ,~.') : ~ :; tt"-' ~. ';;:~:),' ',,;!~.;"'~ \,'J : .:Q : Il . .. ~'. ,.'~, ,:.., ..... 1.' q: ~ ~ "'. ~~ ~.~~;/!{{, . '~ '_.... .....~~fi'/...~..~· By: Ann nejohn,' "..:~..:,.., Deputy Clerk . ..-"'-.-...-.-.-.-..-.,-......---. .... ,.