Agenda 07/22/2008 Item # 8DAgenda Item No. 8D
July 22, 2008
Page 1 of 46
EXECUTIVE SUMMARY
Recommendation to repeal the Animal Control Ordinance (Ordinance No. 93 -56,
as amended), and to adopt Ordinance No. 2008 - as the Animal Control
Ordinance, to strengthen the section pertaining to dangerous dogs, to provide a
uniform method for revision of fees, to provide for mandatory spay /neuter of
animals upon return to owner after impoundment, and to more clearly define
leash law and the affidavit of complaint process
Obleetive: To insure the health and safety of the human residents and visitors of the County,
with the secondary purpose of insuring the health of the animals in the County.
Considerations: At its March 25, 2008 meeting, the Board of County Commissioners (BCC)
heard a public petition from Rene Oliver seeking stronger local laws regarding dangerous dogs.
The BCC directed staff to propose changes to the dangerous dog section of the animal control
ordinance and vet them through the Domestic Animal Services Advisory Board (DASAB).
At its June 10, 2008 meeting, the BCC reviewed proposed changes to the Animal Control
ordinance as follows:
Regarding dangerous dogs:
• Add a definition of proper enclosure and clarify the provision that states that DAS will
make a site visit to include requirements for providing and proper enclosure and posting
of signage.
• Add a provision that DAS may impound any dog under investigation if the owner is
unable or unwilling to securely confine it.
• Add provisions that give DAS recourse when an owner fails to re- register a dangerous
dog.
• Add a section specifying the proper housing and handling of a dog declared dangerous,
including a requirement that the dog be muzzled and leashed when off the owner's
property.
• Add a section providing for fines, criminal charges, and impoundment or forfeiture of
dogs that attack or bite a person or domestic animal.
• Strengthen the section that addresses violations of the dangerous dog section of the
ordinance to allow for fines and impoundment or forfeiture of dogs upon failure to cure
violations.
• Provide that the dog will be identified on the DAS website by name, address, and a color
photograph.
• Require that any dog declared dangerous must be spayed or neutered.
Other proposed changes:
• Eliminating fees specified in the Ordinance and allowing for fees to be established and
revised via resolution.
• Establishing clearer definitions of "at large" and "direct control" for the purposes of
strengthening the County's leash law.
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July 22, 2008
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• Providing for mandatory spay /neuter, at the owner's expense, for animals returned to
owner after impoundment. Allow an exception for breeding animals in good standing if
certified by a local licensed veterinarian.
• Providing that Domestic Animal Services may deny issuance of a license to any animal
without a current rabies vaccination.
• Clarifying the process through which Domestic Animal Services may conduct an
investigation upon receipt of two "affidavits of complaint."
• Providing that intentional falsification of information on an "affidavit of complaint" is a
violation.
For consistency and clarity, staff recommended repealing and replacing Ordinance 93 -56, as
amended, due to the extensive revisions and additions.
The BCC approved all proposed changes and asked in addition that a definition of "vicious dog"
be added to Section Sixteen of the Ordinance.
Fiscal Impact: No Fiscal Impact is associated with adopting the new Ordinance.
Growth Management Impact: No Growth Management Impact is associated with this action.
Legal Considerations: The proposed ordinance has been advertised in compliance with
section 125.66(2)(a), Fla. Stat. (2008). The ordinance has been reviewed by the County
Attorney's Office and is legally sufficient for Board action. - CMG
Recommendation: That the Board of County Commissioners repeals the Animal Control
Ordinance (Ordinance No. 93 -56, as amended) and adopts Ordinance 2008 -_ as the Animal
Control Ordinance.
Prepared by: Amanda Townsend, Interim Director, Domestic Animal Services
Agenda Item No. 8D
July 22, 2008
Page 3 of 46
ORDINANCE NO. 2008-
—. AN ORDINANCE REPEALING ORDINANCE NO. 93 -56
(ANIMAL CONTROL ORDINANCE), AS AMENDED;
ESTABLISHING A UNIFORM METHOD FOR FEE
REVISIONS; PROVIDING A STATEMENT OF
CONSTRUCTION AND PURPOSE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PENALTIES;
PROVIDING 'FOR AUTHORITY OF DIRECTOR,
INTERFERENCE WITH OFFICER IN PERFORMANCE OF
DUTY; PROVIDING FOR ENFORCEMENT; PROVIDING
FOR COMPLAINTS; PROVIDING FOR DISPOSITION OF
IMPOUNDED ANIMALS; PROVIDING FOR LICENSE
CERTIFICATE, TAGS, VACCINATION REQUIRED;
PROVIDING FOR RABIES CONTROL; PROVIDING FOR
GENERAL VIOLATIONS; PROVIDING FOR WILD
ANIMALS; PROVIDING FOR PSMACINE BIRDS;
PROVIDING FOR KENNEL, PET SHOP, STABLE AND
RODEO PERMITS; PROVIDING FOR MAINTENANCE OF
PET SHOPS, KENNELS, STABLES, ETC., CARE OF
ANIMALS AND INSPECTIONS; PROVIDING FOR
INHUMANE TREATMENT OF ANIMALS; PROVIDING
FOR DANGEROUS DOGS, DEFINITIONS, AND
PROCEDURES; PROVIDING FOR REPEAL; PROVIDING
FOR CONFLICT AND SEVERABILIT'Y; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE. -
WHEREAS, the Board of Comity Commissioners determined during the March 25, 2008
Board meeting that the public and its pets needed additional protection against dangerous dogs;
and
WHEREAS, at that March 25, 2008 meeting the Board of County Commissioners
instructed staff to revise Section Nineteen of Ordinance 93 -56, as amended., to include more
stringent procedures for handling dangerous dogs in order to protect the public, and stronger
consequences for violations of this Ordinance; and
WHEREAS, DAS staff also recommends amending the Animal Control Ordinance to
include more stringent procedures and violations relating to dangerous dogs; and
WHEREAS, staff also recommends a more consistent and efficient method of revising
fee schedules throughout this Ordinance; and
WHEREAS, for consistency and clarity, staff recommends repealing and replacing the
Ordinance due to the extensive revisions and additions; and
WHEREAS, on May 27, 2008, the Board of County Commissioners determined these
amendments are for the benefit of the citizens and visitors of Collier County and serve a valid
public purpose, and directed staff to amend Ordinance No. 93 -56, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: CONSTRUCTION AND PURPOSE.
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July 22, 2008
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This article is, and shall be deemed to be, emulative and supplemental, and in addition
to any other act, law or ordinance of the County or any municipality therein. This article is
enacted with the primary purpose of insuring the health of the human residents and visitors of the
County and with the secondary purpose of insuring the health of the animals in the County. This
article is to be liberally construed to affect those objectives.
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:
Animal means every living dumb creature.
Animal Services means the Collier County Domestic Animal Services department.
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.
Business means holding oneself out, either expressly or impliedly, to the public or any
portion of the public to buy or sell any animal, as a principal or an agent.
County veterinarian means a veterinarian, duly licensed by the state, appointed by the
Board to be a consultant to the County health department and to the director of animal services.
Dangerous dog means any dog that according to the records of the appropriate authority:
A. Has aggressively bitten, attacked, or endangered or has inflicted severe
injury on a human being on public or private property;
B. Has severely injured or killed a domestic animal while off the owner's
property;
C. Has been used primarily or in part for the purpose of dog fighting or is a
dog trained for dog fighting; or
D. 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 mom statement by one or more persons and dutifully
investigated by the appropriate authority.
Direct control means the immediate, continuous physical control of an animal at all times
by such means as a fence, chain, or suitable leash of dependable strength sufficient to restrain the
animal; or specially trained hunting animals engaged in legal hunting, or animals engaged in
shows or organized obedience training programs where the animals respond to commands.
Director of animal services means the director of the Collier County Domestic Animal
Services department, including designees of the director and/or such other persons designated by
the County.
Animal services center means any place approved as such by the Board of County
Commissioners for the detention, care and/or treatment of animals in custody.
Health officer means the director of the County health department, or his designee.
Kennel means any place of business where dogs and/or cats are maintained for purchase,
sale, breeding, boarding, training for a fee, treatment and/or grooming purposes. Kennel shall
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July 22, 2008
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not include any animal services center or any veterinary hospital, or any animal facility operated
by any subdivision of local, state or federal government. Kennel shall not include any research
facility subject to inspections under any provision of any state and/or federal law.
Livestock means all animals of equine, bovine, or swine class, including sheep, goats and
other grazing animals.
Micro -chip means an animal micro -chip implant that is an identifying circuit placed
under the skin of a dog, cat, or other animal. The chips are about the size of a large grain of rice.
Owner means any person having a right of property in an animal, or any person with the
right or duty to control an animal, or any person then physically controlling, possessing,
harboring or keeping an animal.
Pet shop means any place or premises used as a business to maintain animals for the
purpose of purchase, sale, exhibition, adoption, or donation, including a breeding kemmel; except
an individual owning dogs and/or cats for less than 120 days that have been bome by one or two
females owned by such person during a twelve -month period shall not be considered as operating
a pet shop.
Psittacine birds means all birds commonly known as parrots, amazons, Mexican
doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds, loris, lorikeets, and other
birds of the Psittacine family.
Research or testing means any use of any animal in any vivisection, including
demonstration or practice surgery, medical or biomedical research, medical experimentation,
medical or nonmedical education, or to test any medication, radiation, toxicity, element,
-- chemical or chemical compound, or to study the effects of any consumer product on humans or
animals, or for use in biological production or other substantially similar research or testing for
scientific, medical, biomedical, educational, or veterinary purpose, by any individual, school,
college, university, hospital, laboratory, or any other institution or entity of any description,
public or private. Such uses of an animal that does not expose any animal to any incision or
puncture, to torture, torment, or cruelty, to any immediate or future damage or impairment, or to
unusual stress, is not research or testing as defined herein.
Rodeo means any event or show involving the use of equines, and/or bovines for the
exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging, where a fee is
charged to witness the event.
Stable means any place of business or premises used to maintain four - legged grazing
animals for the purpose of either a riding stable, pony rides, livery stable, animal rental and/or
animal boarding facilities, for a fee.
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 relief reasonably
available.
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.
Vicious animal means any animal of fierce or dangerous propensities likely to cause
physical injury or property damage or that exhibits traits of ungovernableness.
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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 THREE: PENALTIES.
I. The maximum civil penalty for a violation of this article is not to exceed $500.00.
A violation of this article is a civil infraction as provided in F.S. § 525.27.
2. 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 magistrate, as applicable, plus a $2.00 surcharge to pay the costs of the 40 -hour minimum
standards training course for animal control enforcement 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.
3. Each violator shall be required to pay an administrative surcharge of $5.00 for
each cited violation. Each person or entity that commits 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:
A. 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:
(1) First citation: $100.00 for each first offense.
(2) Second citation: $200.00 for each second offense.
(3) Third (or more) citation: $300.00 for each such offense if a
mandatory appearance is not required by the animal control enforcement officer named on the
citation. If a mandatory appearance is required by the animal control enforcement officer named
on the citation, the recommended fine should be more than $350.00 but not more than $500.00.
The amount of the fine(s) shall be as determined by the special magistrate or other trier of fact.
A mandatory 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.
B. Aggravated violations. For each uncontested aggravated violation, the
fines and appearance obligations are as follows:
(1) First citation: $250.00 for each first aggravated violation.
(2) Second citation: $350.00 for each second aggravated violation and
a mandatory appearance before the special magistrate.
(3) Third (or more) citation(s): A mandatory 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 special magistrate or other trier
of fact.
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C. A person who is required to appear does not have the option of paying the
fine instead of appearing before the special magistrate.
D. A citation that is dismissed by the County, or by the special magistrate 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.
E. The violator's failure to pay the fine, and /or to timely request a hearing
before the special magistrate may result in an admission of guilt. 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 Magistrate Ordinance 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 magistrate's findings shall be reduced to writing and recorded
in the official records.
F. Notwithstanding anything in this article, the individual who issues the
citation or other pleading may require a mandatory appearance if a mandatory appearance is in
that instance authorized by law.
4. If the named violator is properly noticed of the hearing and fails to appear, the
special magistrate may hear the citation and impose any penalties allowed by this article.
5. The named violator or the County may seek to overturn a final order of the special
magistrate by making application 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 right to 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 magistrate conclusive,
binding, and final. All findings of the special magistrate will be evidence at any de novo
proceeding held pursuant to this paragraph.
6. If the named violator or the animal control enforcement officer fails to appear in
court the court may issue an order to show cause. 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 an order to show cause fails
to appear in response to the court's directive, that person may be held in contempt of court.
7. If any penalty provision specified by F.S. § 828.86 is amended, such amended
penalty provisions shall apply to this article without further action by the Board of County
Commissioners.
S. Nothing berein contained shall prevent or restrict the County from taking such
other lawful action in any court of 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 FOUR: AUTHORITY OF DIRECTOR; INTERFERENCE WITH OFFICER
IN PERFORMANCE OF DUTY.
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1. The director of animal services (bereinafter "director ") shall have all necessary
authority to enforce this article and pick up, catch or procure any animal in violation of this
section, and have such animal impounded within the animal services center or other designated
place.
2. The director shall have authority to enter upon any public or private property,
except a building designated for and actually used for residential purposes and other buildings
within the cartilage of the principal residential building, for the purpose of enforcing this section.
3. It shall be unlawful for a person to interfere with, hinder, molest or abuse the
director the health officer, or any of their subordinates in the performance of their lawful duties
under this section or under Florida law.
4. It shall be unlawful for any owner of any animal to refuse to surrender such
animal for impoundment or quarantine as provided by this section when demand for surrender of
the animal is made by the health officer, director of animal services, or other enforcement
officer.
5. A. Fees related to impoundments may include but are not limited to:
impoundment fees, advertising fees for impounded livestock, laboratory and veterinarian fees,
transportation fees, and daily board
B. Fees are established and revised by resolutions adopted by the Board of
County Commissioners.
6. The director is hereby granted authority to establish reasonable rules and
regulations to govern the care and feeding of animals maintained in or by pet shops, kennels,
stables, animal acts, rides, used in rodeos and/or other commercial public displays of such
animals upon resolution by the Board.
7. In addition to, or in lieu of, impounding any animal found in violation of this
section, the director of animal services, deputy sheriff, municipal police officer, or other
enforcement officer empowered to enforce this section, may issue to the owner of (or to the
person in custody of) such animal a notice of violation and a service fee of $25.00 for the first
such notice to be paid to animal services within 72 hours, excluding Saturdays, Sundays and
legal holidays. The fee for a second notice of violation issued regarding the animal, owner, or
custodian, is $35.00, and is $50.00 for a third notice and all subsequent notices. If the applicable
fee is not paid within the prescribed time, the matter will be accorded appropriate enforcement
and/or collection provision.
8. The director or the Sheriff of Collier County, or their respective designees, shall
have the authority to destroy any free roaming antagged dog or cat when other reasonable means
and methods to capture are tried but failed, or when a diligent search has been made to establish
ownership has failed, and it has been ascertained by citizen complaint or investigation that the
animal has aggressive tendencies and poses a threat of injury to persons or other animals, or has
caused bodily injury to a person or has physically injured or killed livestock.
SECTION FIVE: ENFORCEMENT.
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Agenda Item No. 8D
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1. By animal control enforcement officer and sheriff. The director of animal
services, any animal control enforcement officer, or officer of the sheriffs office, is empowered
to enforce this article.
2. By municipal police. Upon resolution approved by the governing board of any
incorporated municipality within the confines of the County, the police force of any such
municipality is empowered to enforce the provisions of this article within that municipal
corporation.
3. By agents, employees of animal services department.
A. Designation. The director of animal services is hereby authorized to
designate agents or employees of the County department of animal services as animal control
enforcement officers. It shall be the responsibility of the director to determine the training and
qualifications of any employee or agent so designated, subject to minimum requirements
specified in F.S. § 828.27. Such designation shall be by resolution adopted at any regular or
special meeting of said board.
B. Authorization. It shall be the duty of any person designated as an animal
control enforcement officer to enforce this article and subsequent amendments hereto relating to
animal control.
C. Authorized to issue citations. Any person designated as an animal control
enforcement officer is hereby authorized to issue citations for violations of this article and
subsequent amendments hereto.
D. 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 officer, also the procedure for the person to follow in order to pay the civil penalty;
to contest the citation, or to appear before the special magistrate when a mandatory 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 before the special magistrate, 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 magistrate or in court. Subject to the
limitations now or hereafter specified in F.S. § 828.27, a mandatory special magistrate or court
appearance may be required by the issuing officer. Mandatory appearances before a special
magistrate may also be ordered by the special magistrate as specified in the Section Three of this
ordinance, or as otherwise within the special magistrate's authority.
E. Limitation of powers. Nothing herein contained shall be construed to
authorize or permit any person designated as an animal control enforcement officer pursuant to
this section to perform any function or duties of a law enforcement officer other than specified
herein. No such officer shall make physical arrests or take any person into custody. All such
officers shall be exempt from the requirements relating to the state high- hazard retirement
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program and police standards and training commission as defined or referred to by F.S.§ 122.34
and F.S. Ch. 943.
SECTION SIX: COMPLAINTS.
Complaints for alleged violation of this article shall be communicated to the director of
animal services, sheriffs office or police department. upon receipt of a complaint, an
investigation shall be conducted to determine if there is any violation of this article. If it is
ascertained that any provision of this article is being violated, proper and lawful action will be
taken to enforce this article.
SECTION SEVEN: DISPOSITION OF IMPOUNDED ANIMALS.
I. Impounded animals not suspected of having an infectious or contagious disease
shall be held for a minimum of five full days (120 hours) to provide time for the animal's owner
to notify staff of intent to recover the animal. The director of animal services or designee shall
make at least three attempts to contact the owner if the owner's identity is known or easily
ascertained, of an animal impounded before the animal's humane disposition. Dogs, cats, and
dther animals not claimed within five day period may be adopted, or may be euthanized by any
method specified in F.S. § 828.058.
2. Animals shall be released to owners on presentation of proof of ownership and
payment of costs and fees.
A. Micro - chipping.
(1) Animals that have been impounded shall be micro-chipped by
animal services' staff at the ownets expense prior to being released to the owner. Micro-
chipping shall be required based on the first impoundment.
(2) Animals that are already micro - chipped when impounded, must
have the information on the micro -chip recorded by animal services. The information must be
accurate and current. If the information is not current, the owner must come into compliance
with this section prior to having the animal released.
(3) At the discretion of the director of animal services, or his or her
designee, the animal may be released to the owner if the owner signs a sworn statement
representing that the animal will be implanted with a micro -chip by a licensed veterinarian. The
owner will be required to submit a statement within ten days, signed by a licensed veterinarian,
confirming that the animal has been so implanted and provide the micro -chip number to animal
services. No micro- chipping is required if a licensed veterinarian certifies in writing that micro-
chipping would endanger the animal's health.
B. Mandatory spay/Neuter.
(1) Animals that have been impounded for a second time shall be
spayed/neutered at the owner's expense prior to being released to the owner.
(2) At the discretion of the director of animal services, or his or her
designee, the animal may be released to the owner if the owner signs a swom statement
representing that the animal will be spayed/neutered by a licensed veterinarian. The owner will
be required to submit a statement within ten days, signed by a licensed veterinarian, confirming
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that the animal has been so sterilized. No spay /neuter is required if a licensed veterinarian
certifies in writing that the surgery would endanger the animal's health.
3. Animals not claimed within a five day period may be adopted, subject to the
provisions below:
A. Adoption fees are established and revised by resolutions adopted by the
Board of County Commissioners.
B. Animals that are adopted shall be micro- chipped by animal services' staff
at the adopter's expense prior to being released to the adopter. '
C. A portion of each adoption fee for a dog or cat will be deposited in the
County neuter /spay trust fund for the purpose of funding the County's neuter /spay program. The
amount to be deposited is established and revised by resolutions adopted by the Board of County
Commissioners.
D. If a dog or cat adopted from animal services is not sterilized prior to
placement in the adopter's home, the adopter shall have the animal sterilized by a licensed
veterinarian within 30 days of the adoption or prior to the animal's sexual maturity. The adopter
shall enter into a written agreement with the County guaranteeing such sterilization and shall
submit a sufficient deposit as required by state law.
E. Upon verification that authorized services have been rendered by a
veterinarian, fees from the neuter /spay trust fund are to be paid to that veterinarian, subject to
availability of funds in that trust fund. The amount of the fee(s) to be paid to the veterinarian for
services rendered shall be as specified in a written agreement between the County and the
veterinarian.
F. Administration of the neuter /spay program shall remain under the control
of the director of domestic animal services. Accounting for the disbursement of the neuter /spay
fees shall be in accordance with procedures of the County's finance department.
4. No person, or on behalf of any other person or entity whatsoever, shall acquire or
attempt to acquire actual or constructive possession of any animal for any use in research,
testing, or animal sacrifice, from the actual or constructive possession of any County animal
services center, or from any person or entity operating or controlling any animal custody facility,
pound, or animal shelter that is then leased from the County by a lease that prohibits such use, or
is then under a contract with the County which contract prohibits such use. Such use includes
the immediate or eventual sale, transfer, gift, trade, donation, delivery, or any other provision of
any animal for use in research, testing, and/or animal sacrifice. No employee, volunteer, worker,
agent or other representative of any such entity shall knowingly release from the actual or
constructive possession of any such entity, any animal for any such known or suspected use.
S. Failure to comply with the requirements of section, shall be a violation of this
Ordinance and punishable as provided in Section Three.
SECTION EIGHT: LICENSE CERTIFICATE; TAGS, VACCINATION REQUIRED.
1. 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.
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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
County administrator. License forts provided by the director of animal services for the
registration and licensing of dogs and cats shall be completed and be submitted to the director of
animal services.
G. Veterinarians are authorized to sell dog licenses and cat licenses and are
authorized 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 adog, 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 licensed veterinarian
certifies in writing that the vaccination would endanger the animal's health.
3. A. 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 be deposited is established and revised by resolutions
adopted by the Board of County Commissioners.
B. License fees are waived for persons who are legally blind or deaf and
whose dog is a seeing -eye dog, a hearing dog, or a law enforcement dog certified as such by a
court of law or other authorized governmental certifying agency.
SECTION NINE: RABIES CONTROL.
1. The director of animal services shall give fast 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 department of animal services, including:
A. The victim's name, approximate age and address;
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Agenda Item No. 8D
July 22, 2008
Page 13 of 46
B. The animal owner's name and address;
C. The animal's description and location; and
w D. Names and description of other persons and animals involved.
3. An animal known to have bitten or scratched a human 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 by 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 suitable enclosure on the premises of the owner, or at some other location
approved by the health officer or the director of animal services.
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.
A. A wild animal may be euthanized at the discretion of the health officer for
the purpose of laboratory analysis to determine if the animal is rabid when the health and/or
welfare of the person bitten by that animal is in jeopardy.
B. The decision whether to euthanize the animal will be based upon history
of possible exposure of the animal to rabies.
5. Any animal possessed in a licensed attraction, zoo, cirenS, or educational
institution, and that is known to have bitten a human being, shall be isolated and subjected to a
quarantine period at a location as directed by the health officer or director of animal services. In
determining the quarantine and location, the decision will be made on the history of the animal's
possible exposure to rabies.
6. No animal maybe removed from the place of quarantine without the prior written
authorization of the health officer or director of animal services, or his or her designee. If any
animal dies during quarantine, the person holding the animal in quarantine shall immediately
notify the health officer or director of animal services, and shall immediately surrender the body
of the animal without altering the body in any manner.
7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is
bitten by a known rabid animal shall be immediately destroyed. If it is an owned animal,
however, the owner may elect to have the animal confined and quarantined at the animal services
center, or at another location approved by the health officer or director of animal services, for a
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Agenda Item No. 8D
July 22, 2008
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period of up to six months. All costs of the detention of the animal will be at the expense of the
owner.
8. The director of animal services, sheriff or municipal police officer shall have
authority to kill an animal in order to procure an animal that is susceptible of carrying rabies and
that is known to have bitten a human being or is suspected of having rabies, provided that all
other reasonable means and methods under the circumstances to capture the animal have failed.
The head of the animal, intact, shall then be submitted to a designated laboratory to be analyzed
for rabies infection.
SECTION TEN: GENERAL VIOLATIONS.
1. It shall be unlawful for the owner of an animal to allow or permit his or her
animal:
A. To be upon the beaches of the County, whether fettered or unfettered,
unless the area has been designated by the Board as suitable for use by such animals, except a
certified seeing -eye or hearing -ear dog actually in use by handicapped person, or animals used
by law enforcement officers or County ordinance enforcement personnel.
B. To run at large in or upon any public street, road, sidewalk, other public
place, or upon private property without the expressed or implied consent, subject to zoning, of
the owner or any lessee of such private property.
C. To be within any park or upon public school grounds or public playground
in the County, including the exercising of any animal, whether fettered or unfettered, for the
purpose of elimination of wastes.
D. To enter any place where food is stored, prepared, served or sold to the
public, or any other public building or hall; provided however, that this provision shall not apply
to any blind or deaf persons using seeing -eye or hearing -ear dogs, to public building used for
animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer or
code enforcement officer. -
E. To trespass upon private or public pmperty so as to damage or destroy any
property or fling of value, or to defecate and create a sanitary nuisance thereon, including
defecating upon roadways, road rights -of -way, sidewalks, or other property so as to create a
sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not immediately
removed and properly disposed.
right -of -way.
F. To chase, run after, orjump at vehicles or bicycles using any road or road
G. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully
using any road ri ght -of -way.
H. To bark, whine, howl, or cause other objectionable noise, which is
offensive and of such a continuous duration of time so as to create a nuisance.
I. To be abandoned and thereby relinquish control of an animal with the
intent or purpose of setting the animal at large.
J. To be confined in an unattended motor vehicle without sufficient
ventilation or under other conditions for such periods of time as may endanger the health and/or
12
Agenda Item No. 8D
July 22, 2008
Page 15 of 46
physical well -being of the animal due to heat, lack of potable water, or such other circumstances
as may reasonably cause suffering, disability, or death to the animal.
2. It shall be unlawful for owner to keep, harbor or maintain any vicious dog or any
dog with vicious propensities in a manner which may or does endanger the safety of persons
lawfully upon his premises or away from his premises.
3. It shall be unlawful for any owner to permit, allow or suffer any livestock to run
at large or stray upon any roads and highways, or upon the property of another without
permission of the property owners or their authorized agent or lessee, subject to zoning.
4. It shall be unlawful to keep any female dog in heat (estrus) which is not confined
to a building or secure enclosure, veterinary hospital, or boarding kennel and in such a manner
that the female dog can come in contact with any male dog except for intentional breeding with a
specific male dog.
5. Upon receipt of more than one "affidavit of complaint" for any violation of this
section, each prepared and signed independently by a resident of a separate dwelling in the
vicinity of the violation, and acknowledged under oath before an individual authorized by law to
take acknowledgements, setting forth the complained of acts, an enforcement officer shall
investigate the facts to determine if the acts complained of are a violation, and, if satisfied that a
violation has occurred, may issue a citation for the violation, including, subject to F.S. § 828.27,
and of this ordinance, a mandatory court appearance or appearance before the special magistrate. -
6. Intentional falsification of information on an "affidavit of complaint" shall be a
violation of this Ordinance, and punishable as provided in Section Three.
SECTION ELEVEN: WILD ANIMALS.
It shall be unlawful for any person to maintain or keep a wild animal except:
t. Owners licensed by the state fish and wildlife conservation commission and
confined to the owner's premises in a cage or enclosure.
2. A wild animal for exhibition purposes maintained by a licensed circus, zoo,
attraction or educational institution.
SECTION TWELVE: PSITTACINE BIRDS.
1. A Psittacine bird known to be infected with the psittacosis virus, or to have been
associated with a bird known to be infected, shall be quarantined until released by the health
officer. No bird shall be removed from where an infected bird is found until the quarantine is
lifted.
2. When human contamination is traced to an aviary a reasonable number of birds
will be confiscated for virus examination..
3. Infected birds shall be killed and their bodies immersed in two percent Creosol
and burned before the feathers are dry if the bodies are not shipped for laboratory examination.
Shipment for laboratory examination shall be made in accordance with instructions by the health
officer.
SECTION THIRTEEN: KENNEL, PET SHOP, STABLE AND RODEO PERMITS.
13
I . Every person who owns or operates a kennel, pet shop, grooming shop, stable, or
combination thereof, shall on or before October 1 st of each year obtain a permit from the director
of animal services. A fee will be charged for the permit. Permit fees are established and revised
by resolutions of the Board of County Commissioners. The fee to any humane society or not-
for- profit animal protection agency is automatically waived.
2. The director of animal services shall issue a permit after receipt of this fee if he
determines that the premises meet established standards and regulations as established by the
board. That permit shalt be displayed within the licensed premises at a place where it is clearly
visible to the public.
3. Every person or organization who sponsors or operates a rodeo shall, at least 30
days prior to the date of the event, make application to the director of animal services for a
permit to operate. The fee for such application and permit shall be established and revised by
resolutions of the Board of County Commissioners.
SECTION FOURTEEN: MAINTENANCE OF PET SHOPS, KENNELS, STABLES,
ETC., CARE OF ANIMALS, AND INSPECTIONS.
1. The owner or operator of a pet shop, kennel, stable, or any other place of business
of boarding or keeping animals shall properly feed and care for each animal in his custody or
control.
2. The director of animal services shall periodically inspect the premises of each
kennel, pet shop, stable, or other such place of business during the establishment's business
bours. Failure to comply with the County's established regulations and standards shall be
grounds for suspension or revocation of the permit to operate.
3. The director of animal services shall issue a notice of violation if any kennel, pet
shop, stable, or other such place of business fails to comply with the abovementioned regulations
and standards.
4. The premises shall be re- inspected within five days after issue of a notice of
violation. Failure to correct or take positive action to correct each discrepancy is a violation of
this article, and in addition, is ground for revocation or suspension of the permit by the director
of animal services.
SECTION FIFTEEN: INHUMANE TREATMENT OF ANIMALS.
L It shall be unlawful 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.
C. Administer poison or expose any poisonous substance with reason to
know that the same may kill an aturnal other than the common rat or mouse.
other animals.
D. Own or possess a dog that is known to habitually attack, injure, or kill
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Agenda Item No. 8D
July 22, 2008
Page 16 of 46
Agenda Item No. 8D
July 22, 2008
Page 17 of 46
E. Torment any animal or deprive any animal of shelter or sufficient quantity
of good and wholesome food and water.
of air.
F. Keep any animal in an enclosure without wholesome exercise and change
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, and/or potable water.
2. The director of animal services shall impound any animal found to be cruelly
treated as defined in this article.
3. Whoever violates any provision of 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 of this article.
SECTION SIXTEEN: DANGEROUS DOGS, DEFINITIONS, AND PROCEDURES.
1. Definitions.
A. Dangerous 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.
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
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Agenda Item No. 8D
July 22, 2008
Page 18 of 46
pen or structure shall 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 the elements.
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 d'irector'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 written 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 challenge hearing panel.
B. Any owner of a dog that is initially declared dangerous by the director of
animal services may appeal that decision to a three- member appeals panel consisting of the
following members: General manager of the county humane society or his or her employee
designee, and any two employees in the public services department, not under the direction or
control of the director of animal services, who are chosen on a case -by -case basis by the public
services administrator. 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 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.
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 ownership 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.
3. Registration of Dangerous Dog and fees.
A. Registration of dangerous dog. Not later than fourteen (14) calendar days
after the final effective date, as specified above, that the dog is determined to be a dangerous
dog, the dog's owner must file a complete written standard form application with animal services
to be issued a certificate of registration for the dangerous dog. The application/administration
fee for each certificate shall be $300.00 annually. A complete application for the initial
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Agenda Item No. 8D
July 22, 2008
Page 19 of 46
certificate of registration shall include: (i) the filing fee and late fees, if any; (ii) a color
photograph of dog and a signed acknowledgement form that the dog will be identified by name
and address on the Collier County Animal Services website; (iii) a receipt or other written proof
that the dog has been permanently identified (via tattoo or microcbip); (iv) a current certificate of
vaccination for the dog; and (v) a receipt or other written proof that the dog has been spayed or
neutered by a licensed veterinarian. If there is a medical or other reason that the dog cannot be
spayed or neutered, the owner will provide the reason in writing signed by a Collier County
licensed veterinarian.
B. Within ten days of receipt of a complete application, Animal Services will
make a site visit to ensure provision of a proper enclosure, and posting of the premises with a
clearly visible warning sign at all entry points that informs both children and adults of the
presence of a dangerous dog on the property. Animal Services will provide the required signs.
Upon completion of a successful site visit, Animal Services will issue the requested initial
certificate. The duration of each certificate is 365 days. There shall be a late fee of $10.00 per
day for each day that the certificate is not issued.
C. Annual renewal of certificate of registration. A standard renewal
application must be filed annually at least ten calendar days prior to the date that the respective
certificate is to expire. A complete application for a renewal certificate shall include the $300.00
renewalladministrative fee, a then current color photograph of each dangerous dog sign posted at
the premises where the dangerous dog resides, and a current certificate of vaccination.
D. Failure to re- register. There shall be a late fee of $10.00 for each day that
a complete renewal application is not filed. Animal Services may impound any dog whose
owner has (i) filed to re -apply for registration 30 days past the expiration of the certification; or
(ii) failed to successfully complete re- registration 45 days past the expiration of the certification.
Upon written notice from Animal Services, the owner must allow access to the dog for the
purposes of impoundment. The owner . is responsible for all costs related to impoundment.
Failure to successfully re- register the dog after 30 days of impoundment will result in forfeiture
of ownership of the dog. Animal Services may dispose of such an impounded dog, in a humane
manner, at the expense of the owner.
4. Subsequent handling of dangerous dogs.
A. The owner shall immediately notify animal services when a dog that has
been classified as dangerous:
(1) Is loose or unconfined;
(2) Has bitten a human being or attacked another animal;
and /or
(3) Is sold, given away, or dies.
Prior to a dangerous dog being sold or given away, the owner shall provide the
name, address, and telephone number of the new owner to Animal Services. The new owner
must comply with all the requirements of this Ordinance. The owner is required to notify the
appropriate animal services authority if the dog is moved out of jurisdiction.
B. It is unlawful for the owner of a dangerous dog to permit the dog to be
outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or
17
leash and under the control of a competent person. The inumle must be of a cage -style that will
not interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it from
biting a person or animal. The owner may exercise the dog in a securely fenced or enclosed area
that does not have a top, without a muzzle or a leash, if the dog remains within his or her sight
and only members of the immediate household or person 18 years of age or older are allowed in
the enclosure when the dog is present. When being transported, such dogs must be safely and
securely restrained within a vehicle.
5. Attack or bite by dangerous dog.
A. If a dog that has previously been declared dangerous attacks or bites a
person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the
first degree, punishable as provided in Chapter 775, Fla. Stat., and subject to imposition of a fine
not to exceed $500. In addition, the dangerous dog shall be immediately confiscated by animal
services, placed in quarantine, if necessary, for the proper length of time, or impounded and held
for 10 business days after the owner is given proper written notification, and thereafter destroyed
in an expeditious and humane manner. This 10 -day time period shall allow the owner to request
a hearing as outlined in Section Sixteen of this Ordinance. The owner shall be responsible for
payment of all boarding costs and other fees as may be required to humanely and safely keep the
animal during any appeal procedure.
B. If a dog that has not been declared dangerous attacks and causes severe
injury to or death of any human, the dog shall be immediately confiscated by animal services,
placed in quarantine, if necessary, for the proper length of time or held for 10 business days after
the owner is given proper written notification, and thereafter destroyed in an expeditious and
humane manner. This 10- day time period shall allow the owner to request a hearing under
Section Sixteen of this Ordinance, above. The owner shall be responsible for payment of all
boarding costs and other fees as may be required to humanely and safely keep the animal during
any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's
dangerous propensities, yet demonstrated a reckless disregard for such propensities under the
circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable
as provided in Chapter 775, Fla. Stat., and subject to imposition of a fine not to exceed $500.
C. If a dog that has previously been declared dangerous attacks and causes
severe injury to or death of any human, the owner is guilty of a felony of the third degree,
punishable as provided in Chapter 775, Fla, Siat. In addition, the dog shall be immediately
confiscated by Animal Services, placed in quarantine, if necessary, for the proper length of time
or held for 10 business days after the owner is given proper written notification, and thereafter
destroyed in an expeditious and humane manner. This 10- day time period shall allow the owner
to request a hearing under Section Sixteen of this Ordinance. The owner shall be responsible for
payment of all boarding costs and other fees as may be required to humanely and safely keep the
animal during any appeal procedure.
D. If the owner files a written appeal under this section, the dog must be held
and may not be destroyed while the appeal is pending.
18
Agenda Item No. 8D
July 22, 2008
Page 20 of 46
Agenda Item No. 8D
July 22, 2008
Page 21 of 46
E. If a dog attacks or bites a person who is engaged in or attempting to
engage in a criminal activity at the time of the attack, the owner is not guilty of any crime
specified under this section.
6. Violations.
A. Failure to comply with any provision of this section may result in a fine
not to exceed $500 and impoundment of the subject dog. upon written notice form Animal
Services, the owner must allow access to the dog for the purposes of impoundment. The owner
is responsible for all costs related to impoundment.
B. Failure to cure any violation of this section within 30 days of
impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal
Services may dispose of such an impounded dog, in a humane manner at the expense of the
owner.
C. Upon second occurrence of a violation of this section, failure to cure
within 10 days of impoundment of the subject dog will result in forfeiture of ownership of the
dog. Animal Services may dispose of such an impounded dog, in a humane manner at the
expense of the owner.
SECTION SEVENTEEN: REPEAL.
Collier County Ordinance No. 93 -56, as amended by Ordinance No. 94 -10, Ordinance
No. 01 -39, Ordinance No. 05 -57, and Ordinance No. 07 -23, is hereby repealed in its entirety.
SECTION EIGHTEEN: 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 NINETEEN: 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 TWENTY: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of May, 2008.
19
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to Corm and
legal sufficiency:
Colleen M. Greene
Assistant County Attorney
04- DAS- 0110"30
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
TOM HENNING, Chairman
Agenda Item No. 8D
July 22, 2008
Page 22 of 46
Page 1 of I
Agenda Item No. 8D
July 22, 2008
Page 23 of 46
file: / /C\AgendaTest \Export\ I I I -July% 2022% 202008 \08. %20ADVERTISED %20PUBLIC... 7/15/2008
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
8D
Item Summary:
Recommendation to repeal the Animal Control Ordinance (Ordinance No. 93 -56, as
amended), and to adopt Ordinance No. 2008 -xx as the Animal Control Ordinance, to
strengthen the section pertaining to dangerous dogs, to provide a uniform method for revision
of fees, to provide for mandatory spay /neuter of animals upon return to owner after
impoundment, and to more clearly define leash law and the affidavit of complaint process.
Meeting Date:
7/22/2008 900:00 AM
Approved By
Kathy Carpenter
Executive Secretary Date
Public Services
Public Services Admin. 6/30!2008 11:43 AM
Approved By
Colleen Greene
Assistant County Attorner Date
County Attorney
County Attorney Office 7/2/2008 9:40 AM
Approved By
Marla Ramsey
Public Services Administrator Date
Public Services
Public Services Admin. 7/3/2008 1:35 PM
Approved By
OMB Coordinator
OMB Coordinator Date
County Manbger's Office
Office of Management & Budget 7/712008 10:37 AM
Approved By
Sherry Pryor
Management & Budget Analyst Date
County Manager's Office
Office of Management & Budget 7/7/2008 5:00 PM
Approved By
James V. Mudd
County Manager Date
Board of County
County Manager's Office 71812008 10:39 AM
Commissioners
file: / /C\AgendaTest \Export\ I I I -July% 2022% 202008 \08. %20ADVERTISED %20PUBLIC... 7/15/2008
Agenda Item No. 8D
July 22, 2008
Page 24 of 46
ORDINANCE NO. 2008-
AN ORDINANCE REPEALING ORDINANCE NO. 93 -56
(.ANIMAL CONTROL ORDINANCE), AS AMENDED;
ESTABLISHING A UNIFORM METHOD FOR FEE
REVISIONS; PROVIDING A STATEMENT OF
CONSTRUCTION AND PURPOSE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PENALTIES;
PROVIDING FOR AUTHORITY OF DIRECTOR,
INTERFERENCE WITH OFFICER IN PERFORMANCE OF
DUTY; PROVIDING FOR ENFORCEMENT; PROVIDING
FOR COMPLAINTS; PROVIDING FOR DISPOSITION OF
IMPOUNDED ANIMALS; PROVIDING FOR LICENSE
CERTIFICATE, TAGS, VACCINATION REQUIRED;
PROVIDING FOR RABIES CONTROL; PROVIDING FOR
GENERAL VIOLATIONS; PROVIDING FOR WILD
ANIMALS; PROVIDING FOR PSITTACINE BIRDS;
PROVIDING FOR KENNEL, PET SHOP, STABLE AND
RODEO PERMITS; PROVIDING FOR MAINTENANCE OF
PET SHOPS, KENNELS, STABLES, ETC., CARE OF
ANIMALS AND INSPECTIONS; PROVIDING FOR
INHUMANE TREATMENT OF ANIMALS; PROVIDING
FOR DANGEROUS DOGS, DEFINITIONS, AND
PROCEDURES; PROVIDING FOR REPEAL; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE. .
WHEREAS, the Board of County Commissioners determined during the March 25, 2008
Board meeting that the public and its pets needed additional protection against dangerous dogs;
and
WHEREAS, at that March 25, 2008 meeting the Board of County Commissioners
instructed staff to revise Section Nineteen of Ordinance 93 -56, as amended, to include more
stringent procedures for handling dangerous dogs in order to protect the public, and stronger
consequences for violations of this Ordinance; and
WHEREAS, DAS staff also recommends amending the Animal Control Ordinance to
include more stringent procedures and violations relating to dangerous dogs; and
WHEREAS, staff also recommends a more consistent and efficient method of revising
fee schedules throughout this Ordinance; and
WHEREAS, for consistency and clarity, staff recommends repealing and replacing the
Ordinance due to the extensive revisions and additions; and
WHEREAS, on May 27, 2008, the Board of County Commissioners determined these
amendments are for the benefit of the citizens and visitors of Collier County and serve a valid
public purpose, and directed staff to amend Ordinance No. 93 -56, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE: CONSTRUCTION AND PURPOSE.
Underlined text u added; e§aek- 6veegh text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 25 of 46
This article is, and shall be deemed to be, cumulative and supplemental, and in addition
to any other act, law or ordinance of the County or any municipality therein. This article is
enacted with the primary purpose of insuring the health of the human residents and visitors of the
County and with the secondary purpose of insuring the health of the animals in the County. This
article is to be liberally construed to affect those objectives.
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:
Animal means every living dumb creature.
Animal Cenrsai Services means the Collier County Domestic Animal Services
dmartin .
AtJarge means off the premises of the owner and not under the direct controlTGustedy;
shy of the owner or other respeesible competent person, either by leash, w;d3
ehein or- ethery ise on a suitable leash of dependable strength sufficient to restrain the animal.
Business means holding oneself out, either expressly or impliedly, to the public or any
portion of the public to buy or sell any animal, as a principal or an agent.
County veterinarian means a veterinarian, duly licensed by the state, appointed by the
Board to be a consultant to the County health department and to the director of animal ean4el
services.
Dangerous dog means any dog that according to the records of the appropriate authority:
A. Has aggressively bitten, attacked, or endangered or has inflicted severe
injury on a human being on public or private property;
B. Has severely injured or killed a domestic animal while off the owner's
property;
C. Has been used primarily or in part for the purpose of dog fighting or is a
dog trained for dog fighting; or
D. 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.
Direct control means the immediate, continuous physical control of an animal at all times
by such means as a fence, leash, eerd-er chain, or suitable leash of dependable strength sufficient
to restrain the animal; or especially trained hunting animals engaged in legal hunting, or animals
engaged in shows or organized obedience training programs where the animals respond to
commands.
Director of 4Q..*'- animal services means the director of the
Collier County Domestic Animal Services department, including designees of the director and /or
such other persons designated by the County.
Demestie &Animal services center means any place approved as such by the Board of
County Commissioners for the detention, care and/or treatment of animals in custody.
2
Underlined test is added; eanek-tlxeegh text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 26 of 46
Health officer means the director of the County health department, or his designee.
Kennel means any place of business where dogs and/or cats are maintained for purchase,
sale, breeding, boarding, training for a fee, treatment and/or grooming purposes. Kennel shall
not include any animal sexkel services center or any veterinary hospital, or any animal facility
operated by any subdivision of local, state or federal government. � Kennel ' shall not include
any research facility subject to inspections under any provision of any state and /or federal law.
Livestock means all animals of equine, bovine, or swine class, including sheep, goats and
other grazing animals.
Micro -chip means an animal micro -chip implant that is an identifying circuit placed
under the skin of a dog, cat, or other animal. The chips are about the size of a large grain of rice.
Owner means any person having a right of property in an animal, or any person with the
right or duty to control an animal, or any person then physically controlling, possessing,
harboring or keeping an animal.
Pet shop means any place or premises used as a business to maintain animals for the
purpose of purchase, sale, exhibition, adoption, or donation, including a breeding kennel; except
an individual owning dogs and/or cats for less than 120 days that have been home by one or two
females owned by such person during a twelve -month period shall not be considered as operating
a pet shop.
Psittacine birds means all birds commonly known as parrots, amazons, Mexican
doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds, tons, lorikeets, and other
birds of the Psittacine family.
Research or testing means any use of any animal in any vivisection, including
demonstration or practice surgery, medical or biomedical research, medical experimentation,
medical or nonmedical education, or to test any medication, radiation, toxicity, element,
chemical or chemical compound, or to study the effects of any consumer product on humans or
animals, or for use in biologicals production or other substantially similar research or testing for
scientific, medical, biomedical, educational, or veterinary purpose, by any individual, school,
college, university, hospital, laboratory, or any other institution or entity of any description,
public or private. Such uses of an animal that does not expose any animal to any incision or
puncture, to torture, torment, or cruelty, to any immediate or future damage or impairment, or to
unusual stress, is not research or testing as defined herein.
Rodeo means any event or show involving the use of equines, and/or bovines for the
exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging, where a fee is
charged to witness the event.
Stable means any place of business or premises used to maintain four - legged grazing " -
animals for the purpose of either a riding stable, pony rides, livery stable, animal rental and/or
animal bonding facilities, for a fee.
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 relief reasonably
available.
3
underlined text is added; qs%& qff eugh text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 27 of 46
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.
Vicious animal means any animal of fierce or dangerous propensities likely to cause
physical injury or property damage or that exhibits traits of ungovemabilityableness.
Wild animal means any living non - domesticated species defined as wildlife by the
wildlife code of the state game -asad ffeshwatea fish and wildlife conservation commission, and
any free - roaming cat or dog.
SECTION THREE: PENALTIES.
Netwithst.._a:_g penalties set feet. ^ „ ", •The maximum civil
penalty for a violation of this article is not to exceed $500.00. A violation of this article is a civil
infraction as provided in F. S. § 828.27.
2. 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 magistrate, as applicable, plus a $2.00 surcharge to pay the costs of the 40 -hour minimum
standards training course for animal control enforcement 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.
3. Each violator shall be required to pay an administrative surcharge of $5.00 for
each cited violation. Each person or entity that commits 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:
A. 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:
(1) First citation: $100.00 for each first offense.
(2) Second citation: $200.00 for each second offense.
(3) Third (or more) citation: $300.00 for each such offense if a
mandatory appearance is not required by the animal control enforcement officer named on the
citation. If a mandatory appearance is required by the animal control enforcement officer named
on the citation, the recommended fine should be more than $350.00 but not more than $500.00.
The amount of the fine(s) shall be as determined by the special master magistrate or other trier of
fact. A mandatory 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.
B. Aggravated violations. For each uncontested aggravated violation, the
fines and appearance obligations are as follows:
(1) First citation: $250.00 for each first aggravated violation.
4
Underlined text is added; s8 ek-threeg4 text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 28 of 46
(2) Second citation: $350.00 for each second aggravated violation and
a mandatory appearance before the special master magistrate.
(3) Third (or more) citation(s): A mandatory 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 special master magistrate or
other trier of fact.
C. A person who is required to appear does not have the option of paying the
fine instead of appearing before the special master magistrate.
D. A citation that is dismissed by the County, or by the special master
magistrate 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.
E. The violator's failure to pay the fine, and/or to timely request a hearing
before the special master magistrate may result in an admission of guilt. 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 Magistrate Ordinance 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 magistrate's findings shall be reduced to writing and
reeorded'in the official records. -
F. Notwithstanding anything in this article, the individual who issues the
citation or other pleading may require a mandatory appearance if a mandatory appearance is in
that instance authorized by law.
4. If the named violator is properly noticed of the hearing and fails to appear, the
special master magistrate may hear the citation and impose any penalties allowed by this article.
5. The named violator or the County may seek to overturn a final order of the special
master magistrate by making application 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 right to 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 magistrate
conclusive, binding, and final. All findings of the special master magistrate will be evidence at
any de novo proceeding held pursuant to this paragraph.
6. If the named violator or the animal control enforcement officer fails to appear in
court the court may issue an order to show cause. 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 an order to show cause fails
to appear in response to the court's directive, that person may be held in contempt of court.
7. If any penalty provision specified by F.S. § 628.86 is amended, such amended
penalty provisions shall apply to this article without further action by the Board of County
Commissioners.
8. Nothing herein contained shall prevent or restrict the County from taking such
other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy
5
Underlined text is added; s�ek OffOUg N text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 29 of 46
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 FOUR: AUTHORITY OF DIRECTOR; INTERFERENCE WITH OFFICER
IN PERFORMANCE OF DUTY.
1. The director of damestis animal services (hereinafter "director ") shall have all
necessary authority to enforce this article and pick up, catch or procure any animal in violation of
this section, and have such animal impounded within the demesne animal services shelts, center
or other designated place.
2. The director shall have authority to enter upon any public or private property,
except a building designated for and actually used for residential purposes and other buildings
within the curtilage of the principal residential building, for the purpose of enforcing this section.
3. It shall be unlawful for a person to interfere with, hinder, molest or abuse the
director, the health officer, or any of their subordinates in the performance of their lawful duties
under this section or under Florida law.
4. It shall be unlawful for any owner of any animal to refuse to surrender such
animal for impoundment or quarantine as provided by this section when demand for surrender of
the animal is made by the health officer, director of demestis animal services, or other
enforcement officer.-
B. The abeN-e fees ma) be fevised by feseki6eas adepted by the beard.
6
Underlined text is added; 99uelo-ibreugh text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 30 of 46
7 T-bp dimetef .. 6.,..A,y ted e,thent ♦ ♦.dish .,sil4
r les d _ e d .ia4i.n.5 tp ge.o the e ee e d fe,diRg of animals
ke�els, stables, mimal ai;ts, rides, used in Fedeas mEVer other
8. L� addition to, ef in lieu ,._ L. e ♦ _l__..
... ... o� Y... o....Yq
. O
ffie.>. of .,the.. e„fefeemeat efeef empa emd ♦e e. fie a this. .feel e.. mEF5 issue to the e„ ne..
fe_ the Ft s. el native t., he paid to demesne artim.,1 .,.,..,:.,e. .,:this, 72 hour.. s el d:.,.,
the n .fiat tedin s. $15-00, e d i; %199 00 A,,. e ♦hiftl n .._,a all n, ls.ee.,m
nea'ee.. W the "piieab e fee is „et paid within the _._es,rlled time the M..Me_ will h.. e.d d
„j, Ye
Fa�sBaWe moms md methods to eaptefe me tfied but Ruled, or when a diligem 95�eh hm been
made to establish h been a ned 15 a m.,l.,:,,t ._
Y , he.. been
livestoek.
5. A. Fees related to impoundments may include but are not limited to:
impoundment fees advertising fees for impounded livestock, laboratory and veterinarian fees
transportation fees, and daily board.
B. Fees are established and revised by resolutions adopted by the Board of
County Commissioners.
6. The director is herebv granted authority to establish reasonable mles and
regulations to govem the care and feeding of animals maintained in or by pet shops kennels
stables, animal acts, rides, used in rodeos and /or other commercial public displays of such
animals upon resolution by the Board.
7. In addition to. or in lieu of, impounding any animal found in violation of this
section, the director of animal services, deputy sheriff_ municipal police officer or other
enforcement officer empowered to enforce this section may issue to the owner of (or to the
person in custody of) such animal a notice of violation and a service fee of $25.00 for the fast
such notice to be paid to animal services within 72 hours. excluding Saturdays Sundays and
legal holidays. The fee for a second notice of violation issued regarding the animal, owner, or
custodian, is $35.00, and is 350.00 for a third notice and all subsequent notices. If the applicable
fee is not paid within the prescribed time, the matter will be accorded appropriate enforcement
and/or collection provision.
S. The director or the Sheriff of Collier County, or their respective designees shall
have the authority to destrov any free roaming untagged dog or cat when other reasonable means
and methods to capture are tried but failed or when a diliyent search has been made to establish
ownership has failed, and it has been ascertained by citizen complaint or investigation that the
7
Underlined text is added; si�sk Qwe"gi text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 31 of 46
animal has aggressive tendencies and noses a threat of injury to persons or other animals or has
caused bodily iniury to a person or has Physically injured or killed livestock
SECTION FIVE: ENFORCEMENT.
1. By animal control enforcement officer and sheriff. The director of animal eexffei
services any animal control enforcement officer, or officer of the sheriffs office, is empowered
to enforce this article. -
2. By municipal police. Upon resolution approved by the governing board of any
incorporated municipality within the confines of the County, the police force of any such
municipality is empowered to enforce the provisions of this article within that municipal
corporation.
3. By agents, employees of animal eeofirel sermces department.
A. Designation. The bBAFd director of animal services is hereby authorized to
designate agents or employees of the County department of animal eentrel services as animal
control enforcement officers. It shall be the responsibility of the beard director to determine the
training and qualifications of any employee or agent so designated, subject to minimum
requirements specified in F.S. § 828.27. Such designation shall be by resolution adopted at any
regular or special meeting of said board.
B. Authorization. It shall be the duty of any person designated as an animal
control enforcement officer to enforce this article and subsequent amendments hereto relating to
animal control.
C. Authorized to issue citations. Any person designated as an animal control
enforcement officer is hereby authorized to issue citations for violations of this article and
subsequent amendments hereto.
D. 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, time 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 officer, also the procedure for the person to follow in order to pay the civil penalty,
to contest the citation, or to appear before the special mastee magistrate when a mandatory
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 before the special roaster magistrate,
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 magistrate or in court.
Subject to the limitations now or hereafter specified in F.S. § 828.27, a mandatory special master
magistrate or court appearance may be required by the issuing officer. Mandatory appearances
before a special master magistrate may also be ordered by the special mast ee magistrate as
specified in the Section Three of this ordinance, or as otherwise within the special master -s
magistrate's authority.
8
Underlined text is added; seaek diesugH text is deleted.
E. Limitation of powers. Nothing herein contained shall be construed to
authorize or permit any person designated as an animal control enforcement officer pursuant to
this section to perform any function or duties of a law enforcement officer other than specified
herein. No such officer shall make physical arrests or take any person into custody. All such
officers shall be exempt from the requirements relating to the state high - hazard retirement
program and police standards and training commission as defined or referred to by F.S. § 12234
and F.S. Ch. 943.
SECTION SIX: COMPLAINTS.
Complaints for alleged violation of this article shall be communicated to the director of
animal seatre} services, sheriffs office or police department. Upon receipt of a complaint, an
investigation shall be conducted to determine if there is any violation of this article. If it is
ascertained that any provision of this article is being violated, proper and lawful action will be
taken to enforce this article.
SECTION SEVEN: DISPOSITION OF IMPOUNDED ANIMALS.
1. Impounded animals not suspected of having an infectious or contagious disease
shall be held for a minimum of five full days (120 hours) to provide time for the animal's owner
to notify staff of intent to recover the animal. The director of damestie animal services or
designee shall make at least three attempts to contact the owner if the owner's identity is known
or easily ascertained, of an animal impounded before the animal's humane disposition. Dogs,
cats, and other animals not claimed within five days DeriOd, subjest to subseetions (2) and (3)
belew, may be adopted, or may be euthanized by any method specified in F.S. § 828.058.
seeiety, of animal Bantral ageney opeFated by a publie ageney, shall have my �steriiised animal
"cy° Rt with his
E. Eet$!tj adeptian fees!
yitlue of the animal
E
underlined text is added, etraek tbraugli text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 32 of 46
Agenda Item No. SD
July 22, 2008
Page 33 of 46
F. aft utha-.'F d to sell dog 1:..ense.. aid ..... 1 :.............._A «Le
.....ay shall pay a ee..:..e f e e f 91 nn 6.......6 e. eL lliee....e ....ld P...........d lieense .ags will be
'�. Ne ..e.ne.. of Bn beWf e f e e«6.eF pefsen e. %Ait . .1.. see. e_ ..L..11 e..e..iFe 6_
e__rel eente. e.. fiem e... _efsen er e..a:.y a_e_e.._e of ...._._..11:_.-.._. a..imal e.....edy faeilit
pe�d, of arifnal sheltef that ig tb� Imaged fis�m the eeuwy by a lease thai pFahibits sueh use, of
:_....ediate of eNeatual vale A.e..efe. gift ..arts .s%at :.._ dative... e.. e..y ethe._..e.:..:_R efan)
a.:.� al for_eaa :. T«.ve.eL .e..:.e e_d e_ ftf:Maj e__.: C.__ .el _te� . «.A
-e.
e h... FepmsefAmive of a web a shall l.__...ingl. ..elawa from the a .al or
aA A..'Maln .L e. I. e..a La.... _ ._.i_J aLa14 L FPjffe L: _..e] by .le ..
rat a staff _ the a being 1<m BJ ♦ the Miefe
ocr.xao oua. cv vnsi.,,0 eifp«�xxcx av .o.vs:vlc oo- ixo�+.rrn�ay.v-
B. AmEnals «hm a..e almaa. ...:...... eh :__ed ...h-.-. :_._e....a_a Fnus4 he..e the
G. At the A: AFptie 4the dinstnf of aamnal sen4ses, of We a. hff designee
ve eee A5 tart thM the n ...el has trem a implarAed and p .:.1_ the miefB ehip
D. Fail+ o to ear ply YA the of seet':,shaH bp, -a vie}atien -of
this __ -tie_ .._d _.._ :.L_u_ as __e..:a_a in n_diHmea nl en as „mended gent:,... 14 2-r
2. Animals shall be released to owners on presentation of proof of ownership an d
payment of costs and fees.
A. Micro - chipping.
(1) Animals that have been impounded shall be micro - chipped by
anfinal services' staff at the owner's ex ease pTior to being released to the owner. Micro
chinning shall be required based on the first impoundment.
(2) Animals that are already micro - chipped when impounded must
have the information on the micro -chip recorded by animal services The information must be
accurate and current If the information is not current, the owner must come inm compliance
with this section prior to having the animal released
10
Underlined text is added; wo,; 4 a-g $ text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 34 of 46
(3) At the discretion of the director of animal services, or his or her
designee the animal may be released to the owner if the owner signs a sworn statement
represmting that the animal will be hnplanted with a micro -chin by a licensed veterinarian The
owner will be required to submit a statement within ten days signed by a licensed veterinarian
confirming that the animal has been so implanted and provide the micro -chin number to animal
services No micro - chipping is required if a licensed veterinarian certifies in writing that micro -
chipping would endanger the animal's health
B Mandatory spay/Neuter.
(1) Animals that have been impounded for a second time shall be
spayed /neutered at the owner's expense prior to being released to the owner.
(2) At the discretion of the director of animal services, or his or her
designee, the animal may be released to the owner if the owner signs a swom statement
remesenting that the animal will be spaved/neutered by a licensed veterinarian. The owner will
be required to submit a statement within ten days signed by a licensed veterinarian confirming
that the animal has been so sterilized. No spay/neuter is required if a licensed veterinanan
certifies in writing that the surgery would endanger the animal's health.
3 Animals not claimed within a five day period may be adopted, subiect to the
provisions below:
A. Ada Lion fees are established and revised by resolutions adopted by the
Board of County Commissioners.
B. Animals that are adopted shall be micro - chipped by animal services' staff
at the adopter's expense prior to being released to the adopter.
C. A portion of each adoption fee for a dog or cat will be deposited in the
County neuter /spay trust fund for the pumose of funding the Countv's neuterlspay program. The
amount to be deposited is established and revised by resolutions adopted by the Board of County
Commissioners.
D. If a dog or cat adopted from animal services is not sterilized prior to
placement in the adopter's home the adopter shall have the animal stenlized by a licensed
veterinarian within 30 days of the ado lion or prior to the animal's sexual maturity. The ado ter
shall enter into a written agreement with the County guaranteeing such sterilization and shall
submit a sufficient deposit as required by state law.
E. Upon verification that authorized services have been rendered by a
veterinarian fees from the neuter/spay neuter/spay trust fund are to be paid to that veterinarian subiect to
availability of funds in that trust fund. The amount of the fee(s) to be paid to the veterinarian for
services rendered shall be m specified in a written agreement between the County and the
veterinarian.
F. Administration of the neuter /spay program shall remain under the control
of the director of domestic animal services. Accounting for the disbursement of the neuter/way
fees shall be in accordance with procedures of the Countv's finance depanmmt.
4. No person or on behalf of any other person or entitv whatsoever, shall acquire or
attempt to ac quire actual or constmctve possession of an y animal for ny use in research
testing or animal sacrifice from the actual or constructive possession of anv County animal
11
Underlined text is added, seealc through text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 35 of 46
services center, or from any person or entity operating or controlling any animal custody facility,
pound or animal shelter that is then leased from the County by a lease that prohibits such use or
is then under a contract with the County which contract prohibits such use. Such use includes
the immediate or eventual sale, transfer, gift trade, donation deliverv. or any other provision of
any animal for use in research, testing and/or animal sacrifice. No employee, volunteer, worker,
agent or other representative of any such entity shall knowingly release from the actual or
constructive possession of any such entity , any animal for any such known or suspected use
5 Failure to comply with the requirements of section. shall be a violation of this
Ordinance and punishable as Provided in Section Three.
SECTION EIGHT: LICENSE CERTIFICATE; TAGS, VACCINATION REQUIRED.
1. 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 penod of one year and is required to be
renewed annually thereafter and must remain current at all times.
B. 14i, lism.q, will hp igsugd fer a peFied of one year and is Faquifed to be
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 year -e€iss*o m 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 aor from owner to owner.
F. Each license and tag must be obtained from persons designated by the
County administrator. License forms provided by the director of animal eentrel services for the
registration and licensing of dogs and cats shall be completed and be submitted to the director of
animal eentrel services.
G. Veterinarians are authorized to sell doe licenses and cat licenses and are
authorized to charge a surcharge for this service. The amount of the authorized surcharge is
established and revised by resolutions adopted by the Board of Countv 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 licensed veterinarian
certifies in writing that the vaccination would endanger the animal's health.
3. A. Cost of ma.aa...'a�e fer degi at .
12
Underlined text is added; swisk dweu H text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 36 of 46
1 A. License fees are established and revised by resolutions of the Board of
County Commissioners. A portion of each non- neutered/non- spaved animal license fee will be
deposited in the County neuter /spay trust fund for the purnose of funding the Count 's
neuter /spay oroeram. The amount to be deposited is established and revised by resolutions
adopted by the Board of County Commissioners.- -
B. License fees are waived for persons who are legally blind or deaf an d
whose doe is a sccing -eve doe a hearing doe or a law enforcement doe certified as such by a
court of law or other authorized governmental certifying agency,
SECTION NINE: RABTES CONTROL.
1. The director of animal central services shall give first 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 department of animal eurnre services. including:
A. The victim's name, approximate age and address;
B. The animal owner's time 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 human or an animal suspected of
having rabies shall, if possible, be captured or taken into custody by the director of animal
eentrel 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 ea+m 91 services center or at a local veterinarian clinic
authorized by the health officer or director of animal eeettel 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 cenhel services.
13
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Agenda Item No. 8D
July 22, 2008
Page 37 of 46
B. Dogs or cats bitten ad m4iisl' has that have a
current vaccination may be confined under quarantine by fence or suitable enclosure on the
premises of the owner, or at some other location approved by the health officer or the director of
animal eentrel services.
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
eeatael 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.
A. A wild animal may be euthanized at the discretion of the health officer for
the purpose of laboratory analysis to determine if the animal is rabid when the health and/or
welfare of the person bitten by that animal is in jeopardy.
B. The decision whether to euthanize the animal will be based upon history
of possible exposure of the animal to rabies.
5. - Any animal possessed in a licensed attraction, zoo, circus, or educational
institution, and that is known to have bitten a human being, shall be isolated and subjected to a
quarantine period at a location as directed by the health officer or director of animal sentiel
services. In determining the quarantine and location, the decision will be made on the history of
the animal's possible exposure to rabies.
6. No animal may be removed from the place of quarantine without the prior written
authorization of the health officer or director of animal een§el services or his or her designee.
If any animal dies during quarantine, the person holding the animal in quarantine shall
immediately notify the health officer or director of animal eawfel services, and shall
immediately surrender the body of the animal without altering the body in any manner.
7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is
bitten by a known rabid animal shall be immediately destroyed. hiewevef; -iIf, it is an owned
animal, however, the owner may elect to have the animal confined and quarantined at the animal
eeatre4 services center, or at another location approved by the health officer or director of animal
eenireF services for a period of up to six months. All costs of the detention of the animal will be
at the expense of the owner.
8. The director of animal seetrel services, sheriff or municipal police officer shall
have authority to kill an animal in order to procure an animal that is susceptible of carrying
rabies and that is known to have bitten a human being or is suspected of having rabies, provided
that all other reasonable means and methods under the circumstances to capture the animal have
failed. The head of the animal, intact, shall then be submitted to a designated laboratory to be
analyzed for rabies infection.
SECTION TEN: ,T.�.r.:r�ra.T.. .. .. z
Underlitwd text is added; s§nek- tkreag)a text is deleted.
Agenda Item No. BD
July 22, 2008
Page 38 of 46
1�1 �1��TVir \r!Ir17�-
VIOLATIONS.
1. It shall be unlawful for the owner of an animal to allow or permit his or her
animal:
A. To be upon the beaches of the County, whether fettered or unfettered,
unless the area has been designated by the Board as suitable for use by such animals, except a
certified seeing -eye or hearing -ear dog actually in use by handicapped person, or animals used
by law enforcement officers or County ordinance enforcement personnel.
B. To run at large in or upon any public street, road, sidewalk, other public
place, or upon private property without the expressed or implied consent, subject to zoning, of
the owner or any lessee of such private property.
C. To be within any park or upon public school grounds or public playground
in the County, including the exercising of any animal, whether fettered or unfettered, for the
purpose of elimination of wastes.
D. To enter any place where food is stored, prepared, served or sold to the
public, or any other public building or hall; provided however, that this provision shall not apply
to any blind or deaf persons using seeing -eye or hearing-ear dogs, to public building used for - -
animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer or
code enforcement officer.
E. To trespass upon private or public property so as to damage or destroy any
property or thing of value, or to defecate and create a sanitary nuisance thereon, including to
defecate defecating upon roadways, road rights -of -way, sidewalks, or other property so as to
create a sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not
immediately removed and properly disposed ef.
F. To chase, run after, or jump at vehicles or bicycles using any road or road
right -of -way.
G. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully
using any road right -of -way.
H. To bark, whine, howl, or cause other objectionable noise, which is
offensive and of such a continuous duration of time so as to create a nuisance.
I. To be abandoned and thereby relinquish control of an animal with the
intent or purpose of setting the animal at large.
J. To be confined in an unattended motor vehicle without sufficient
ventilation or under other conditions for such periods of time as may endanger the health and/or
physical well -being of the animal due to heat, lack of potable water, or such other circumstances
as may reasonably cause suffering, disability, or death to the animal.
2. It shall be unlawful for owner to keep, harbor or maintain any vicious dog or any
dog with vicious propensities in a manner which may or does endanger the safety of persons
lawfully upon his premises or away from his premises.
15
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Agenda Item No. 8D
July 22, 2008
Page 39 of 46
3. It shall be unlawful for any owner to permit, allow or suffer any livestock to run
at large or stray upon any roads and highways, or upon the property of another without
permission of the property owners or their authorized agent or lessee, subject to zoning.
4. It shall be unlawful to keep any female dog in heat (estrus) which is not confined
to a building or secure enclosure, veterinary hospital, or boarding kennel and in such a manner
that the female dog can come in contact with any male dog except for intentional breeding with a
specific male dog.
5. Upon receipt of ae more than one "affidavit of complaint" for any violation of this
section signed
vieiigly -f the °'^ ^ti^ ^' each preoazed and si¢uted independe¢tly by a resident of a separate
dwelling in the vicinity of the violation, and acknowledged under oath before an individual
authorized by law to take acknowledgements, setting forth the complained of acts, an
enforcement officer shall investigate the facts to determine if the acts complained of are a
violation, and, if satisfied that a violation has occurred, may issue a citation for the violation,
including, subject to F.S. § 828.27, and of this ordinance, a mandatory court appearance or
appearance before the special master magistrate.
6 Intentional falsification of information on an "affidavit of complaint" shall be a
violation of this Ordinance, and punishable as provided in Section Three.
SECTION ELEVEN: WILD ANIMALS.
It shall be unlawful for any person to maintain or keep a wild animal except:
1. Owners licensed by the state fish and wildlife conservation commission and
confined to the owner's premises in a cage or enclosure.
2. A wild animal for exhibition purposes maintained by a licensed circus, zoo,
attraction or educational institution.
SECTION TWELVE: PSITTACINE BIRDS.
1. A Psittacine bird known to be infected with the psittacosis virus, or to have been
associated with a bird known to be infected, shall be quarantined until released by the health
officer. No bird shall be removed from where an infected bird is found until the quarantine is
lifted.
2. When human contamination is traced to an aviary a reasonable number of birds
will be confiscated for virus examination.
3. Infected birds shall be killed and their bodies immersed in two percent Creosol
and burned before the feathers are dry if the bodies are not shipped for laboratory examination.
Shipment for laboratory examination shall be made in accordance with instructions by the health
officer.
SECTION THIRTEEN: KENNEL, PET SHOP, STABLE AND RODEO PERMITS.
1. Every person who owns or operates a kennel, pet shop, grooming shop, stable, or
combination thereof, shall on or before October 1 st of each year obtain a permit from the director
of dereestie animal services. A fee of $50.09 will be sheaged charged for the permit. Permit
16
Underlined text is added, stwek -duau H text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 40 of 46
fees are established and revised by resolutions of the Board of County Commissioners. The fee
to any humane society or not - for - profit animal protection agency is automatically waived.
2. The director of animal senual services shall issue a permit after receipt of this fee
if he determines that the premises meet established standards and regulations as established by
the board. That permit shall be displayed within the licensed premises at a place where it is
clearly visible to the public.
1 Every person or organization who sponsors or operates a rodeo shall, at least 30
days prior to the date of the event, make application to the director of animal sentrol services for
a permit to operate. The fee for such application and permit shall be $29.98 established and
revised by resolutions of the Board of County Commissioners.
SECTION FOURTEEN: MAINTENANCE OF PET SHOPS, KENNELS, STABLES,
ETC., CARE OF ANIMALS, AND INSPECTIONS.
1. The owner or operator of a pet shop, kennel, stable, or any other place of business
of boarding or keeping animals shall properly feed and care for each animal in his custody or
control.
2. The director of animal e9awel services shall periodically inspect the premises of
each kennel, pet shop, stable, or other such place of business during the establishment's business
hours. Failure to comply with the County's established regulations and standards shall be
grounds for suspension or revocation of the permit to operate.
3. The director of animal sentml services shall issue a notice of violation if any
kennel, pet shop, stable, or other such place of business fails to comply with the abovementioned
regulations and standards.
4. The premises shall be re- inspected within five days after issue of a notice of
violation. Failure to correct or take positive action to correct each discrepancy is a violation of
this article, and in addition, is ground for revocation or suspension of the permit by the director
of animal eentiel services.
SECTION FIFTEEN: INHUMANE TREATMENT OF ANIMALS.
1. It shall be unlawful 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.
C. Administer poison or expose any poisonous substance with reason to
know that the same may kill an animal other than the common rat or mouse.
other animals.
D. Own or possess a dog that is known to habitually attack, injure, or kill
E. Torment any animal or deprive any animal of shelter or sufficient quantity
of good and wholesome food and water.
17
Underlined text is added; sts�aelt text is deleted.
of air.
Agenda Item No. 8D
July 22, 2008
Page 41 of 46
F. Keep any animal in an enclosure without wholesome exercise and change
G. Abandon to die any animal that is maimed, sick, deformed or diseased.
H. Beat and cause unnecessary injury and suffering to any animal.
1. 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, and/or potable water.
2. The director of animal eentrol services shall impound any animal found to be
cruelly treated as defined in this article.
3. Whoever violates any provision of 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 of this article.
SECTION SIXTEEN: DANGEROUS DOGS, DEFINITIONS, AND PROCEDURES.
Definitions.
A. Dangerous 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.
D. Investigation is conducted by domestic animal services. Animal services
most interview the dog's owner when possible and may require a swom affidavit from any
person desiring to have a dog classified as dangerous.
E. Prover enclosure means that while on the owner's moperty. the doe 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 have secure sides and a secure ton to prevent the dog from escayin¢ over,
under, or through the structure and shall also provide protection from the elements.
__. 2. Procedure.
18
Underlined tent is added; stniek #weug text ix deleted
Agenda Item No. 8D
July 22, 2008
Page 42 of 46
A. If the director of deaws6e 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 F.S. 49 Chanter 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 written request must be submitted to demestie animal services. If the
dog's owner files a timely written request for a challenge bhearing, the effective date of the
determination shall be the date of the final decision of the challenge hearing panel.
B. Any owner of a dog that is initially declared dangerous by the director of
animal services may appeal that decision to a three- member appeals panel consisting of the
following members: General manager of the county humane society or his or her employee
designee, and any two employees in the public services department, not under the direction or
control of the director of animal eentrel services, who are chosen on a case -by -case basis by the
public services administrator. This hearing shall be held as soon as possible, but not more than
21 calendar days and no sooner than flue 5 days after receipt of request from the owner. The
hearing may only be continued by agreement of both parties.
C. - If the 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 N 0 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.
D. If the dog is not impounded during this time, the dog must be humanely
and safely cenfined 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
doe that is the subject of an investigation shall be relocated or ownership transferred during this
time.
E. Animal services may impound any dog under investigation if the owner is
unable or unwillitag 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.
3. Registration of Dangerous Dog and fees.
A. Registration of dangerous dog. Not later than fourteen 14) calendar days
after the final effective date, as specified above, that the dog is determined to be. a dangerous
dog, the dog's owner must file a complete written standard form application with demestis
animal services to be issued a certificate of registration for the dangerous dog. The- daratieze a
The application/administration fee for each certificate shall be
$300.00 annually. A complete application for the initial certificate of registration shall include:
(i) the filing fee and late fees, if any; (ii) a Feeeip or oche_ m, itteis _ -,.,.f L404 the dog has been
(410 thl a color photograph
19
Underlined text is added; ettaek-dveug$ text is deleted.
Agenda Item No. 8D
July 22, 2008
Page 43 of 46
FFeRt Of _ed sign _ .ed at the pFafaiaes of the dmga eas de-g of doe and a signed
acknowledgement form that the doe will be identified by name and address on the Collier
.._. County Animal Services website; (iii) a sole_ _hetae_e_h that .,ie.,_i.. shews the a.e_t of gash
a receipt or other written =of that the
dog has been Permanently identified (via tattoo or microchinl; and (iv) a current certificate of -
vaccination for the dog; and v) a receipt or other written proof that the doe has been spayed or
neutered by a licensed veterinarian. A_:_.a se_ :ees will __e..:ae the _e,., :_ea sign mhe_e shrill
be a We fee ef $10 go POE day fef ts�h day that the pwiiifiewe is Hat . If there is a medical
or other reason that the doe cannot be spayed or neutered, the owner will provide the reason in
writing signed by a Collier County licensed veterinarian
li. A_:.,...1 _.._.. :ngg ..h..lt hgye up to ien &ys aftef feeeipt of a ......,..lef
^ - -af3e a3 e€ ser4i €ea6e of fegietr°Hea A— e' dwd - -»ewal
ShAll lip, 1,te fee Af9l 0.09 fop eaeh "j, that a eample4e fenewal appheation is not filed.
Get", eFdinmaes md subjeet to a eka6en �Eller fine in eemphmae with F.S. � 928.27, md
Geuaty OF&�Bnp 93 56; as amended.
$, raila_e to re..:ete_ Md eeMpj ..: h all _e.,.,:_e_ BHtq ef�:e RAAtieM e_.1 th
m�ff at the a Of the A—%» if *he e _ .lees B Mel.e PFO�46iOW elai .. the de..
..:4h'.. 4e.. days e f the la#ef of (1) the initial 4 the .i__ee__.- dog (2) the
B. Within ten days of receipt of a complete application, Animal Services will
make a site visit to ensure provision of a proper enclosure and posting of the promises with a
clearly visible warning sign at all entry points that informs botb children and adults of the
presence of a dangerous dog on the property. Animal Services will provide the required sipps.
Upon completion of a successful site visit. Animal Services will issue the requested initial
certificate. The duration of each certificate is 365 da s. There shall be a late fee of $10.00 p er
day for each day that the certificate is not issued.
C. Annual renewal of certificate of registration. A standard renewal
application must be filed annually at least ten calendar days prior to the date that the respective
certificate is to expire. A complete application for a renewal certificate shall include the $300.00
rencwal/administrative fee, a then current color photograph of each dangerous dog sign posted at
the promises where the dangerous doy resides and a current certificate of vaccination.
20
Underlined text is added; stek tcxt is deleted
Agenda Item No. SD
July 22, 2008
Page 44 of 46
D. Failure to m- register. There shall be a late fee of $10.00 for each day that
a complete renewal application is not filed. Animal Services may impound any dog whose
owner has (i) filed to re -appiv for registration 30 days past the expiration of the certification; or
(it) failed to successfully complete re- registration 45 days past the expiration of the certification.
Upon written notice from Animal Services the owner must allow access to the dog for the
purposes of impoundment. The owner is responsible for all costs related to impoundment.
Failure to successfully re- register the doe after 30 days of impoundment will result in forfeiture
of ownership of the dog. Animal Services may dispose of such an impounded dop, in a humane
manner, at the expense of the owner.
4. Subsequent handlinkofdangerous does.
A. The owner shall immediately notify animal services when a dog that has
been classified as dangerous:
(1) Is loose or unconfined;
(2) Has bitten a human being or attacked another animal
and/or
(3) Is sold given away, or dies.
Prior to a dap erous dog being sold or Oven away, the owner shall provide the
name, address, and telephone number of the new owner to Animal Services. The new owner
must comply witb all the reguiremmts of this Ordinance: The owner is required to notify the
appropriate animal services authority if the doe is moved out of jurisdiction.
B. It is unlawful for the owner of a dangerous dog to permit the dog to be
outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or
leash and under the control of a competent person. The muzzle must be of a cage -style that will
not interfere with the dog's vision, will allow the dog to pmt and drink but will prevent it from
biting a person or animal. The owner may exercise the dog in a securely fenced or enclosed area
that does not have a top, without a muzzle or a leash, if the doe remains within his or her sight
and only members of the immediate household or person 18 Years of age or older are allowed in
the enclosure when the doe is present. When being transported. such does must be safely an d
securely restrained within a vehicle.
5. Attack or bite by dangerous doe.
A. If a dog that has previously been declared dangerous attacks cr bites a
person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the
firs�e, punishable m provided in Chapter 775, Fla. Stat., and subject to imposifion of a fine
not to exceed $500. In addition, the dangerous dog shall be immediately confiscated by animal
services, placed in quarantine, if necessary, for the proper leneth of time or impounded and held
for 10 business days after the owner is given proper written notification and thereafter destroved
in an expeditious and humane manner. This I 0-day time period shall allow the owner to re uest
a hearing as outlined in Section Sixteen of this Ordinance. The owner shall be responsible for
payment of all boarding costs and other fees m may be required to humanely and safely keep the
animal during any appeal procedure
B. If a do that has not been declared dmgerQw attacks and causes severe
injury to or death of any human, the dog shall be immediately confiscated by animal services.
21
Underlined text is added; seaek gweng4 text is deleted.
Agenda Item No. SD
July 22, 2008
Page 45 of 46
placed in quarantine if necessary , for the proper length of time or beld for 10 business days after
the owner is ei m proper written notification and thereafter destroyed in an expeditious and
humane manner. This 10 -day time period shall allow the owner to request a hearing under
Section Sixteen of this Ordinance above The owner shall be responsible for payment of all
boarding costs and other fees w may be required to humanely and safely keep the animal during.
any appeal vrocedwe In addition if the owner of the dog had prior knowledge of the doe's
dangerous propensities vet demonstrated a reckless disregard for such propensities under the
circumstances the owner of the doe is guilty of a misdemeanor of the second decree, punishable
m provided in Chapter 775 Fla Stat and subject to imposition of a fine not to exceed $500
C If a doe that has previously been declared dangerous attacks and causes
severe injury to or death of any human, the owner is guilty of a felony of the third deg
punishable as provided in Chapter 775 Fla Stat. In addition, the doe shall be immediately
confiscated by Animal Services, placed in quarantine if necessary , for the proper length of time
or held for 10 business days after the owner is given proper written notification and thereafter
destroved in an expeditious and humane manner. This 10 -day time period shall allow the owner
to request a hearing under Section Sixteen of this Ordinance The owner shall be responsible for
payment of all boarding costs and other fees as may be required to humanely and safely keep the
animal during anv appeal procedure.
D If the owner files a written appeal under this section the doe must be held -
and may not be destroyed while the anneal is pending.
E If a doe attacks or bites a person who is engaged in or attempting to -
°� engage in a criminal activity at the time of the attack, the owner is not guilty of any crime
specified under this section.
6. Violations.
A Failwe to comply with any provision of this section may result in a fine
not to exceed $500 and impoundment of the subject dog. Upon written notice form Animal
Services the owner must allow access to the dog for the purposcs of int oundment. The owner
is responsible for all costs related to impoundment.
B Failwe to ewe any violation of this section within 30 days of
impoundment of the subject doe will result in forfeiture of ownership of the doe. Animal
Services may dispose of such m impounded doe in a humane m=er at the expense of the
owner.
C. Upon second occurrence of a violation of this sectiom failure to ewe
within 10 days of impoundment of the subiect dog will result in forfeiture of ownership of the
doe Animal Services may dispose of such an impounded doe in a humane manner at the
expense of the owner.
SECTION SEVENTEEN: REPEAL.
Collier County Ordinance No 93 -56 as amended by Ordinance No. 9410, Ordinance
No 01 -39 Ordinance No 05 -57 and Ordinance No 07 -23, is hereby revealed in its entirety.
SECTION EIGHTEEN: CONFLICT AND SEVERABILITY.
22
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Agenda Item No. 8D
July 22, 2008
Page 46 of 46
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 anv court of competent
iurisdiction, such oortion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remainine portion.
SECTION NINETEEN: 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 TWENTY: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of July, 2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA.
By. By:
Deputy Clerk TOM HENNING, Chairman
Approved as to form and
legal sufficiency:
Colleen M. Greene
Assistant County Attorney
oa- DASOttossso
23
Underlined text is added; � test is deleted.