Agenda 03/10/2009 Item #16D 2
Agenda Item No. 1602
March 10. 2009
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign and forward to the State of Florida
Legislature, a Resolution supporting House Bill 451 which requires
sterilization of dogs and cats of a specified age and provides exceptions
OBJECTIVE: That the Board of County Commissioners approves, and authorizes the
Chairman to sign and forward to the State of Florida Legislature, a Resolution supporting
House Bill 451 which requires sterilization of dogs and cats of a specified age and
provides exceptions.
CONSIDERATIONS: Pet overpopulation is a preventable problem that can be solved
simply by sterilizing companion animals. Sterilization is a reasonably safe procedure
when performed by a licensed veterinarian that prevents dogs and cats from reproducing
through surgical sterilization of an animal's reproductive system.
In addition to reducing overpopulation, sterilization has other positive effects, including
decreased aggression; reduced risk of cancer; decreased drive to roam; and decreased
tendency in males to mark their territory.
The Domestic Animal Services Advisory Board voted 4-3 to recommend that the Board
of County Conunissioners approve this Resolution during their regular meeting on
February l7, 2009.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item is not quasi-judicial, and as such ex parte
disclosure is not required. This item requires majority vote only. This item is legally
sufficient for Board action. - CMG
RECOMMENDATION: That the Board of County Commissioners approves, and
authorizes the Chairman to sign and forward to the State of Florida Legislature, a
Resolution supporting House Bill 451 which requires sterilization of dogs and cats of a
specified age and provides exceptions.
PREPARED BY Hailey Alonso, Administrative Assistant, Domestic Animal Services
Page 1 of I
Agenda Item No. 1602
March 10, 2009
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D2
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign and forward to the State of Florida Legislature a Resolution supporting
House Bill 451 which requires sterilization of dogs and cats of a specified age and provides
exceptions.
Meeting Date:
3/10/20099:0000 AM
Prepared By
Hailey Alonso
Administrative Assistant
Date
Public Services
Domestic Animal Services
2/20/20093:22:46 PM
A.pproved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
2/23/2009 4:44 PM
Appro\'ed By
Amanda Townsend
Operations Coordinator
Date
Public Services
Parks and Recreation
2f23/2009 4:55 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
2/24/20093:32 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
2f26f2Q09 11 :24 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/26/20093:13 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
2/27/200910:45 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3f2f2009 6:35 PM
file://C:\AgendaTestIExportI125-March%20 I O. %202009116.%20CONSENT%20AGENDA 11... 3/4/2009
Agenda Item No. 1602
March 10,2009
Page 3 of 11
RESOL1:TION No. 2009-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY SUPPORTING
PROPOSED STATE LEGISLATION REQUIRING
STERILIZATION OF DOGS AND CATS OF A SPECIFIED
AGE AND PROVIDING EXCEPTIONS.
WHEREAS, pet overpopulation is a preventable problem that can be solved simply by
sterilizing companion animals, and
WHEREAS, many euthanized dogs and cats are the unwanted offspring of family pets, and
WHEREAS, sterilization includes reasonably safe procedures perfonned by licensed
veterinarians to prevent dogs and cats from reproducing through surgical sterilization of an
animal's reproductive system, and
WHEREAS, in addition to reducing pet ovcrpopulation, sterilization has other positive effccts,
including decreased aggression and temperament problems; reduced risk of cancer; decreased
drive to roam or fight with other animals; and decreased tendency of males to mark territory,
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that:
The Commission declares its support to the Statc of Florida Legislature for the creation of
legislation requiring sterilization of dogs and cats of a specified age and providing exceptions.
This Resolution shall be effective upon adoption.
This Resolution adopted this
and majority vote in favor of passage.
day of
, 2009 after motion, second
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
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Agenda Item No. 1602
March 10, 2009
R E PRE S E N TAT Prg\74 ~ 1 S
FLORIDA
o F
HB 451 2009
1 A bill to be entitled
2 An act relating to sterilization of dogs and cats;
3 creating s. 828.35, F.S.; requiring the sterilization of
4 dogs and cats of a specified age; providing exceptions;
5 authorizing a county or municipality to enact ordinances
6 requiring the licensure of dogs and cats that are not
7 sterilized; requiring the Department of Agriculture and
8 Consumer Services to adopt rules for the approval of breed
9 registration organizations; providing penalties; amending
10 s. 823.15, F.S.; conforming requirements for the
11 sterilization of dogs and cats in animal shelters and
12 animal control agencies to the changes made by the act;
13 deleting a provision extending the time for sterilization;
14 amending s. 828.27, F.S.; revising definitions;
15 authorizing county and municipal ordinances relating to
16 sterilization of animals; authorizing a county or
17 municipality to collect a surcharge on civil penalties;
18 providing an effective date.
19
20 WHEREAS, pet overpopulation is a preventable problem that
21 can be solved simply by spaying or neutering companion animals,
22 and
23 WHEREAS, many euthanized dogs and cats are the offspring of
24 family pets, and
25 WHEREAS, one unneutered male dog or cat can impregnate
26 dozens of females, leading to hundreds of unwanted animals, and
27 WHEREAS, spaying and neutering are reasonably safe
28 procedures performed by licensed veterinarians to prevent dogs
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29 and cats from reproducing through surgical sterilization of an
30 animal' s reproductive system, and
31 WHEREAS, in addition to reducing pet overpopulation,
32 spaying and neutering have other positive effects, including
33 decreased aggression and temperament problems; reduced risk of
34 cancer; decreased drive to roam in search of a mate or fight
35 with other animals; and decreased tendency of males to urinate
36 to mark territory, NOW, THEREFORE,
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40
Section 1. Section 828.35, Florida Statutes, is created to
41 read:
42 828.35 Sterilization of dogs and cats; exceptions;
43 penalties.--
44
( 1)
The owner of every dog or cat in this state must
45 provide sterilization of the animal by a veterinarian licensed
46 under chapter 474 within 30 d?ys after the animal reaches 4
47 months of age or 30 days after the owner takes custody_ of the
48 animal, whichever occurs later. This subsection does not apply
49 to an animal exempt from sterilization under subsection (2).
50
(2) (a) A dog or cat is exempt from sterilization if a
51 licensed veterinarian has examined the animal and has certified
52 in writing that, at the time of examination, sterilization would
53 endanger the animal's health because of its age, infirmity,
54 disability, illness, or other medical consideration. An exempt
55 animal must be sterilized as soon as its health permits, except
56 as otherwise provided in this subsection_
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Agenda Item No. 16D2
March 10, 2009
R E PRE S E N TAT 9a~ 6 ~f 1 S
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57 (bl The governing body of a county or municipality is
58 authorized to enact ordinances that require the licensure of the
59 following animals that shall be exempt from sterilization:
60 1. A show animal registered with an established breed
61 registration organization approved by the Division of Animal
62 Industry of the Department of Agriculture and Consumer Services.
63 The department shall adopt rules under ss. 120.536(1) and 120.54
64 to administer this subparagraph.
65 2. A dog or cat that has earned, or is in the process of
66 earning, a competitive sports or training title, including, but
67 not limited to, agility, obedience, or herding.
68 3. An animal trained, or in training, for use as a guide
69 dog or service animal_
70 4. A dog trained, or in training, for use in law
71 enforcement, military, or rescue activities.
72
5. An animal for which the owner has a valid breeding
73 permit issued in accordance with an ordinance of the county or
74 municipality.
75 (cl A greyhound racing dog that currently participates in
76 racing at a licensed parimutuel facility is exempt from
77 sterilization. An exempt animal must be sterilized upon
78 retirement from racing, except as otherwise provided in this
79 subsection.
80 (3) Effective July 1, 2010, a person who violates
81 subsection (1):
82
83
84
(al For a first offense commits a civil infraction,
punishable as provided in s. 828.27(2), except the!~inimum civil
\
penalty is $100. '
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85
(b) For a second offense commits a civil infraction,
86 punishable as provided in s. 828.27(2), except the minimum civil
87 penalty is $250.
88
(cl For a third or subsequent offense commits a
89 misdemeanor of the second degree, punishable as provided in s.
90 775.082 or s. 775.083.
91
(4) This section does not prohibit or limit a county or
92 municipality from establishing requirements that are more
93 stringent than this section.
94
Section 2. Subsection (2) of section 823.15, Florida
95 Statutes, is amended to read:
96
823.15 Dogs and cats released from animal shelters or
97 animal control agencies; sterilization requirement.--
98
(2) In furtherance of this policy, provision shall be made
99 for the sterilization of all dogs and cats sold or released for
100 adoption from any public or private animal shelter or animal
101 control agency operated by a humane society or by a county,
102 municipality~, or other incorporated political subdivision,
103 by either:
104
(a) Providing sterilization by a licensed veterinarian
105 before relinquishing custody of the animal; or
106
(b) Entering into a written agreement with the adoptor or
107 purchaser guaranteeing that sterilization will be performed in
108 accordance with s. 828.35 '.,i::hin 30 dClYO or prior to oCl:uCll
109 ffiClturity. The shelter or animal control agency shall require a
110 sufficient deposit from the adoptor or purchaser, which deposit
111 shall be refundable upon presentation to the shelter or animal
112 control agency of written evidence by the veterinarian
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113 performing the sterilization that the animal has been
114 sterilized. The deposit or donation may be based upon
115 recommended guidelines established by the Florida Federation of
116 Humane Societies. Failure by either party to comply with the
117 provisions of this paragraph shall be a noncriminal violation as
118 defined in s. 775.08(3), punishable by a fine, forfeiture, or
119 other civil penalty, and, in addition thereto, the deposit or
120 donation shall be forfeited to the shelter or animal control
121 agency. Any legal fees or court costs used for the enforcement
122 of this paragraph are the responsibility of the adoptor. ~
123 the request of ~ licensed veterinari~n, aRd for ~ valid reaD on,
124 the ohelter or animal control a'leRey Dhall enteRS the time limit
125 '.:ithin '.,hich the animal must be oterilizc:d.
126
Section 3. Paragraphs (b) and (g) of subsection (1),
127 subsection (2), paragraph (b) of subsection (4), and subsection
128 (7) of section 828.27, Florida Statutes, are amended to read:
129
828.27 Local animal control or cruelty ordinances;
130 penalty.--
131
132
(1) As used in this section, the term:
(b) "Animal control officer" means any person employed or
133 appointed by a county or municipality who is authorized to
134 investigate, on public or private property, civil infractions
135 relating to animal control, sterilization, or cruelty and to
136 issue citations as provided in this section. An animal control
137 officer is not authorized to bear arms or make arrests; however,
138 such officer may carry a device to chemically subdue and
139 tranquilize an animal, provided that such officer has
140 successfully completed a minimum of 16 hours of training in
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141 marksmanship, equipment handling, safety and animal care, and
142 can demonstrate proficiency in chemical immobilization of
143 animals in accordance with guidelines prescribed in the Chemical
144 Immobilization Operational Guide of the American Humane
145 Association.
146
(g)
"Ordinance" means any ordinance relating to the
147 control or sterilization ofL or cruelty tOL animals enacted by
148 the governing body of a county or municipality the violation of
149 which is a civil infraction_
150
(2) The governing body of a county or municipality is
151 authorized to enact ordinances relating to animal controlL
152 sterilization, or cruelty, which ordinances must provide:
153
154 infraction.
(a) That a violation of such an ordinance is a civil
155
156
(b) A maximum civil penalty not to exceed $500.
(c) A civil penalty of less than the maximum civil penalty
157 if the person who has committed the civil infraction does not
158 contest the citation.
159
(d) For the issuance of a citation by an officer who has
160 probable cause to believe that a person has committed an act in
161 violation of an ordinance.
162
163
(e) For the contesting of a citation in the county court.
(f) That, if a person fails to pay the civil penalty,
164 fails to appear in court to contest the citation, or fails to
165 appear in court as required by subsection (6), the court may
166 issue an order to show cause upon the request of the governing
167 body of the county or municipality. This order shall require
168 such persons to appear before the court to explain why action on
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169 the citation has not been taken. If any person who is issued
170 such order fails to appear in response to the court's directive,
171 that person may be held in contempt of court.
172
(g) Such procedures and provisions as are necessary to
173 implement any ordinances enacted under the authority of this
174 section.
175
176
( 4)
(b) The governing body of a county or municipality may
177 impose and collect a surcharge of up to $5 upon each civil
178 penalty imposed for violation of an ordinance relating to animal
179 control, sterilization, or cruelty. The proceeds from the ~
180 surcharges shall be used to pay the costs of training for animal
181 control officers.
182
(7) Nothing contained in this section shall prevent any
183 county or municipality from enacting any ordinance relating to
184 animal control, sterilization, or cruelty which is identical to
185 the provisions of this chapter or any other state law, except as
186 to penalty. However, no county or municipal ordinance relating
187 to animal control or cruelty shall conflict with the provisions
188 of this chapter or any other state law. Notwithstanding the
189 provisions of this subsection, the governing body of any county
190 or municipality is authorized to enact ordinances prohibiting or
191 regulating noise from any domesticated animal, violation of
192 which shall be punishable upon conviction by a fine not to
193 exceed $500 or by imprisonment in the county jail for a period
194 not to exceed 60 days, or by both such fine and imprisonment,
195 for each violation of such ordinance. This subsection shall not
196 apply to animals on land zoned for agricultural purposes.
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Agenda Item No. 1602
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197 Section 4. This act shall take effect January I, 2010.
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