Backup Documents 02/25/2020 Item # 9B 99
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COLLIER COUNTY FLORIDA ,,,
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 14, •
•
To: Clerk to the Board: Please place the following as a: •rite
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: February 11,2020
Petition No.(If none,give brief description): Amendments to DAS Ordinances(Two Ordinances)
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.)February 25,2020(ad to run no later than
Thursday,February 13,2020) Please refer to Ordinances-Plural
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text:(Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING
ORDINANCE 2013-33, AS AMENDED, THE COLLIER COUNTY ANIMAL CONTROL ORDINANCE, CODIFIED 1N
CHAPTER 14, ARTICLE II OF THE CODE OF LAWS AND ORDINANCES, BY AMENDING SECTION THREE,
DEFINITIONS; SECTION TEN, GENERAL VIOLATIONS; SECTION ELEVEN, ANIMAL CARE; MANNER OF
KEEPING; SECTION FOURTEEN, STANDARDS OF CARE; SECTION FIFTEEN, PENALTIES; SECTION SIXTEEN,
DISPOSITION OF IMPOUNDED ANIMALS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 2013-55, RELATING TO THE STANDARDS OF CARE FOR ANIMAL-RELATED BUSINESSES,
ANIMAL-RELATED ORGANIZATIONS, COMMERCIAL BREEDERS, NON-COMMERCIAL BREEDERS, AND
RODEOS,AS CODIFIED IN CHAPTER 14,ARTICLE IV OF THE CODE OF LAWS AND ORDINANCES,BY AMENDING
STANDARDS OF CARE; REGULATIONS FOR BREEDERS AND ADDING PET SHOPS TO SECTION FOUR; ADDING
REGULATORY LANGUAGE FOR PET SHOPS AND PET DEALERS,ADDING OPERATIONAL STANDARDS FOR PET
SHOPS AND PET DEALERS, INCLUDING LANGUAGE REGULATING PET SHOPS AND PET DEALERS FROM
SECTION 828.29,FLORIDA STATUTES AS MAY BE AMENDED; ADDING AN EXEMPTION FOR PET STORES AND
PET SHOPS THAT OFFER SPACE TO ANIMAL RESCUE GROUPS TO ADOPT ANIMALS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s),if any&proposed hearing date: N/A
Does Petition Fee include advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs:
PO#4500200508
Review:, ,p, A
__Y1 11 •
Division . or or Designee Date
List Attac en : Proposed Ordinances
9B
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
FOR CLERK'S OFFICE USE ONL): 3 I /
Date Received: Date Date of Public hearing: Date Advertised: ��
98
Martha S. Vergara
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Tuesday, February 11, 2020 11:49 AM
To: Martha S. Vergara; Minutes and Records
Subject: Legal Ad for the 2/25/2020 BCC Meeting - to run Thursday, 2/13
Follow Up Flag: Follow up
Flag Status: Completed
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AMENDING ORDINANCE
2013-33, AS AMENDED,THE COLLIER COUNTY ANIMAL CONTROL ORDINANCE, CODIFIED IN CHAPTER 14, ARTICLE II OF
THE CODE OF LAWS AND ORDINANCES, BY AMENDING SECTION THREE, DEFINITIONS; SECTION TEN, GENERAL
VIOLATIONS; SECTION ELEVEN, ANIMAL CARE; MANNER OF KEEPING; SECTION FOURTEEN, STANDARDS OF CARE;
SECTION FIFTEEN, PENALTIES; SECTION SIXTEEN, DISPOSITION OF IMPOUNDED ANIMALS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AMENDING ORDINANCE
NO. 2013-55, RELATING TO THE STANDARDS OF CARE FOR ANIMAL-RELATED BUSINESSES, ANIMAL-RELATED
ORGANIZATIONS,COMMERCIAL BREEDERS,NON-COMMERCIAL BREEDERS,AND RODEOS,AS CODIFIED IN CHAPTER 14,
ARTICLE IV OF THE CODE OF LAWS AND ORDINANCES, BY AMENDING STANDARDS OF CARE; REGULATIONS FOR
BREEDERS AND ADDING PET SHOPS TO SECTION FOUR; ADDING REGULATORY LANGUAGE FOR PET SHOPS AND PET
DEALERS,ADDING OPERATIONAL STANDARDS FOR PET SHOPS AND PET DEALERS, INCLUDING LANGUAGE REGULATING
PET SHOPS AND PET DEALERS FROM SECTION 828.29, FLORIDA STATUTES AS MAY BE AMENDED; ADDING AN
EXEMPTION FOR PET STORES AND PET SHOPS THAT OFFER SPACE TO ANIMAL RESCUE GROUPS TO ADOPT ANIMALS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Florida Law,e-mail address are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity. Instead.contact this office by telephone or in writing.
1
9B
1 ORDINANCE NO. 2020 -
2
3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
4 COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 2013-33, AS
5 AMENDED, THE COLLIER COUNTY ANIMAL CONTROL
6 ORDINANCE, CODIFIED IN CHAPTER 14, ARTICLE II OF THE CODE
7 OF LAWS AND ORDINANCES, BY AMENDING SECTION THREE,
8 DEFINITIONS; SECTION TEN, GENERAL VIOLATIONS; SECTION
9 ELEVEN, ANIMAL CARE; MANNER OF KEEPING; SECTION
10 FOURTEEN, STANDARDS OF CARE; SECTION FIFTEEN, PENALTIES;
11 SECTION SIXTEEN, DISPOSITION OF IMPOUNDED ANIMALS;
12 PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
13 INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND
14 PROVIDING FOR AN EFFECTIVE DATE.
15
16 WHEREAS, on May 14, 2013, the Board of County Commissioners of Collier County
17 ("Board") adopted Ordinance No. 2013-33, the Collier County Animal Control Ordinance, which
18 repealed and superseded Ordinance No. 2008-51, as amended; and
19
20 WHEREAS, the Board subsequently amended the Ordinance through its adoption of
21 Ordinance No. 2018-33; and
22
23 WHEREAS, on October 8, 2019, the Board of County Commissioners of Collier County
24 ("Board") voted to have the Animal Services Advisory Committee develop an ordinance to
25 regulate animal retail businesses; and
26
27 WHEREAS, on January 21, 2020, the Animal Services Advisory Committee approved
28 suggested changes to the Collier County Animal Control Ordinance and the Ordinance No. 2013-
29 55 to regulate animal-related businesses and breeders; and
30
31 WHEREAS, in consideration of the above-mentioned recommendations, the Board finds
32 it in the best interest of the citizens of Collier County to amend Ordinance No. 2013-33, as
33 amended, to codify those recommendations.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
37
38 SECTION ONE: AMENDMENTS TO ORDINANCE NO. 2013-33,as amended.
39
40 Ordinance No. 2013-33,as amended, is hereby amended as follows:
41
42 * * * * * *
43
44 SECTION THREE: Definitions.
45
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46 The following words, terms and phrases, when used in this Ordinance, shall have the
47 meanings ascribed to them in this section, except where the context clearly indicates a different
48 meaning:
49
50 Abandon shall mean to forsake an animal entirely or neglect or refuse to provide or perform
51 the legal obligations for care and support of an animal by its Owner or its Custodian.
52
53 Animal means every living vertebrate other than a human being.
54
55 Animal Control Officer shall be defined in accordance with F.S. § 828.27, as may be
56 amended and shall be deemed appointed as an agent of the County as contemplated in F.S. §
57 828.03.
58
59 Animal cruelty, torture or torment shall be held to include every act, omission, or neglect
60 whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the
61 interest of medical science, or otherwise permitted under Florida Law.
62
63 Animal hoarding means the activity of a person characterized by the following:
64
65 A. Failure to provide minimal standards of sanitation, space,nutrition or veterinary care for
66 animals; and
67
68 B. Attempts to accumulate or maintain a collection of animals in the face of progressively
69 deteriorating conditions.
70
71 Animal-related business means any for-profit person or business required to hold a business
72 tax receipt that renders services to, for or by any domestic animal, excepting commercial
73 agricultural operations and the offices or practices of State-certified and licensed veterinarians.
74 Examples of animal-related businesses include, but are not limited to, boarding facilities,
75 commercial-breeders, doggie day cares, groomers, pet shops, pet stores, petting zoos, pony rides,
76 stables, and training facilities.
77
78 Animal-related organization means any not-for-profit entity that maintains premises for the
79 purpose of rendering services to, for or by any domestic animal. Examples of animal-related
80 organizations include, but are not limited to, rescues that maintain premises as a central location
81 for their activities, sanctuaries, rescue organizations, animal rescue groups, service dog
82 organizations and animal shelters.
83
84 Animal services means the Collier County Domestic Animal Services Division. Animal
85 services may be referred to herein as "Division."
86
87 Animal services center means any place approved as such by the Board of County
88 Commissioners for the detention,care and/or treatment of animals in custody.
89
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9B
90 At-large means off the premises of the owner and not under the direct control of the owner
91 or other competent person, on a suitable leash of dependable strength sufficient to restrain the
92 animal.
93
94 Cat means an animal of any age that is a member of Felis Catus, or any genetic
95 hybridization of this species, not under the jurisdiction of the state fish and wildlife conservation
96 commission.
97
98 Commercial Breeder means any person or business required to hold a business tax receipt
99 who engages in the sale and/or intentional or unintentional breeding of three (3)or more litters of
100 dogs or cats, per a one-year period or offers one (1) or more domestic cat(s) or dog(s) for
101 breeding or stud purposes, producing three (3) or more litters per year, excepting service dog
102 organizations that are members of Assistance Dogs International. Commercial breeders are
103 subject to agricultural zoning requirements of the Land Development Code.
104
105 Community cat shall means any un-owned free-roaming cat that has been sterilized,
106 vaccinated against rabies, ear-tipped or ear-notched, implanted with an RFID, and returned to
107 field and may be cared for by one (1) or more residents of the immediate area who is/are known
108 or unknown.
109
110 Community cat caregiver means any person who provides food, water, shelter, and/or cares
111 for one (1) or more community cat(s) but who does not own, harbor, keep, or have custody,
112 control, or charge of such cats.
113
114 County veterinarian means a veterinarian, duly licensed by the state, appointed by the
115 Director to be a consultant to the county health department and to the Director.
116
117 Custodian means any person who is not the Owner of an animal, but is in possession of or
118 control of an animal.
119
120 Dangerous dog shall be defined in accordance with F.S. § 767.11,as may be amended.
121
122 Direct control means the immediate, continuous physical control of an animal at all times by
123 such means as a fence, tether, or suitable leash of dependable strength, sufficient to restrain the
124 animal; or specially trained hunting animals engaged in legal hunting, or animals engaged in
125 shows or organized obedience training programs where the animals respond to commands.
126
127 Director of animal services means the director of the Collier County Domestic Animal
128 Services Division,or his or her designee.
129
130 Dog means an animal of any age that is a member of Canis Lupus Familiaris, or any genetic
131 hybridization of this species, not under the jurisdiction of the state fish and wildlife conservation
132 commission.
133
134 Ear-notched means a"v" has been cut from the tip of the left ear of a cat.
135
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98
136 Ear-tipped means the tip of the left ear of a cat has been cut in a straight line.
137
138 Free-roaming means any dog or cat found outdoors regardless of its appearance,behavior or
139 ownership status.
140
141 Grooming means that animals shall be groomed in such a manner to maintain health.
142 Animals shall be provided with hair, hoof, claw, nail, tooth and beak care as appropriate and as
143 necessary to maintain health and comfort.
144
145 Health officer means the director of the County health department,or his designee.
146
147 Hobby Breeder means any person who intentionally or unintentionally causes or allows the
148 breeding or studding of one (1) or more domestic cat(s) or dog(s), producing one (1) to two (2)
149 litters per household or premises per a one-year period, excepting service dog organizations that
150 are members of Assistance Dogs International.
151
152 Livestock means all animals of equine, bovine, or swine class, including sheep, goats and
153 other grazing animals.
154
155 Owner means any person having a right of property in an animal. If the owner is a minor as
156 defined by statute, the minor's parent(s) or legal guardian(s) shall be deemed the owner for
157 purposes of this chapter.
158
159 Pet dealer shall mean any person who, in commerce, for compensation or profit engages in
160 the sale of a dog(s) or cat(s) for use as a pet but who does not engage in breeding dogs or cats.
161 This definition excludes humane societies, private nonprofit animal organizations, animal rescue
162 organizations and animal shelters.
163
164 Pet shop is defined as any retail establishment that sells or transfers, or offers for sale or
165 transfer, dogs and/or cats, regardless of the age of the dog or cat or the physical location of the
166 animal as long as the animals are at least eight weeks of age. Such an establishment may be a
167 permanent,temporary, or virtual establishment.
168
169 Pet store is defined as any retail establishment open to the public, whether a sole
170 proprietorship, partnership (limited or general), limited liability company, or corporation that
171 sells or transfers, or offers for sale or transfer, the sale of animals, other than those from the
172 Canidae or Felidae families, that are traditionally considered to be domestic pets and/or the
173 sale of grooming services and/or domestic pet supplies and accessories (including but not
174 limited to food, bedding, toys, grooming products, collars, leashes and the like). Nothing in
175 this section shall prevent a pet store, its owner, operator, or employees from providing space
176 and appropriate care for animals at the pet store, so long as such animals are owned or
177 transferred by a rescue organization, animal rescue group, animal-related organization or rescue
178 pet placement partner that is registered with the county, for the purpose of adopting those
179 animals to the public.
180
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9B
181 Police working dog shall mean any dog owned by any State, County or municipal police
182 department or any State or Federal law enforcement agency, which has been trained to aid law
183 enforcement officers and is actually being used for police work purposes.
184
185 Premises means the principle place of operation for all animal-related businesses, animal-
186 related organizations, commercial and hobby breeders, and rodeos, specifically where animals
187 are housed on a day-to-day basis.
188
189 Proper Enclosure for primary means of confinement for dogs means an enclosed or locked
190 pen or structure, designed to prevent the animal from escaping. Such pen or structure shall be a
191 structurally sound enclosure, made of materials impervious to moisture and shall also provide
192 protection from injury and the elements. The square footage of a proper enclosure used as a
193 primary means of confinement for a dog must be equal to or greater than the length of the animal
194 from the tip of the nose to the base of the tail, doubled, then squared, and divided by 144. For
195 example, a dog measuring 30 inches from the tip of the nose to the base of the tail will require a
196 25 square foot enclosure (30 x 2 = 60; 60 x 60 = 3,600; 3,600/144 = 25). The height of the
197 enclosure shall be equal to or greater than the length of the animal from the tip of the nose to the
198 base of the tail multiplied by 1.5.
199
200 Psittacine birds means all birds commonly known as parrots, Amazons, Mexican
201 doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds, loris, lorikeets, and other
202 birds of the Psittacine family.
203
204 Radio frequency identification device (RFID), commonly referred to as a Microchip, means
205 a device that is implanted underneath the skin of a dog, cat or other animal that when scanned
206 produces a unique number that identifies the animal and its owner, if properly registered. When
207 present, an RFID with registration information shall be considered the primary indication of
208 ownership.
209
210 Rescue Organization, Animal Rescue Group, Animal-related organization shall mean a duly
211 incorporated non-profit organization that has tax exempt status in accordance with Section
212 501(c)(3) of the United States Internal Revenue Code, founded or chartered with the primary
213 mission being the welfare, care, and adoption/placement of stray, abandoned, or surrendered
214 animals, and which does not breed dogs or cats or obtain these animals for any form of payment
215 or compensation from any source other than an animal shelter. Such organizations make pets
216 available on a cost-recovery basis and/or foster animals or enlist others to foster animals.
217
218 Rescue Pet Placement Partner means a group of persons who has completed a Collier
219 County Pet Placement Partner application and is approved to rescue adopt animals from animals
220 services,who hold themselves out as an animal rescue group,accept or solicit dogs,cats,or other
221 animals with the intent of finding permanent adoptive homes or providing lifelong care for such
222 dogs, cats, or other animals, and who use foster homes as the primary means of housing animals;
223 or a group of persons formed for the prevention of cruelty to animals.
224
225 Research or testing means any use of any animal in any vivisection, including demonstration
226 or practice surgery, medical or biomedical research, medical experimentation, medical or
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9B
227 nonmedical education, or to test any medication, radiation, toxicity, element, chemical or
228 chemical compound, or to study the effects of any consumer product on humans or animals, or
229 for use in biological production or other substantially similar research or testing for scientific,
230 medical, biomedical, educational, or veterinary purpose, by any individual, school, college,
231 university, hospital, laboratory, or any other institution or entity of any description, public or
232 private. Such uses of an animal that does not expose any animal to any incision or puncture, to
233 torture, torment, or cruelty, to any immediate or future damage or impairment, or to unusual
234 stress, is not research or testing as defined herein.
235
236 Rodeo means any event or show involving the use of equines, and/or bovines for the
237 exhibition of skills in riding,bronco or bull riding, calf roping, and/or bulldogging,where a fee is
238 charged to witness the event.
239
240 Shelter shall mean, provision of and access to a three-dimensional structure having a roof,
241 walls and a floor, which is dry, sanitary, clean, weatherproof and made of durable material. At a
242 minimum,the structure must:
243
244 1. Be sufficient in size to allow each sheltered animal to stand up, turn around, lie
245 down, and stretch comfortably;
246
247 2. Be designed to protect the sheltered animal from the adverse effects of the
248 elements and provide access to shade from direct sunlight and regress from exposure to
249 inclement weather conditions;
250
251 3. Be free of standing water, accumulated waste and debris, protect the sheltered
252 animal from injury, and have adequate ventilation and for dogs and cats, provide a solid surface,
253 resting platform, pad, floormat or similar device that is large enough for the animal to lie on in a
254 normal manner; and
255
256 4. Be properly lighted to provide a regular lighting cycle of either natural or artificial
257 light corresponding to the natural period of daylight unless otherwise directed by a veterinarian.
258 Structures with wire, grid or slat floors which permit the animal's feet to pass through the
259 openings, sag under the animal's weight or which otherwise do not protect the animal's feet or
260 toes from injury are prohibited except for birds where perches are provided.
261
262 Standards of Care refers to a set of rules and regulations governing the care and feeding of
263 animals maintained in or by animal-related businesses, animal-related organizations, commercial
264 breeders,hobby breeders, and rodeos, as adopted by the Board of County Commissioners.
265
266 Sustenance shall mean access to and the provision of palatable nourishment appropriate for
267 the type of animal which is to eat it, free from contamination and provided in a clean and
268 sanitary manner. Food shall be of sufficient nutritional value to maintain the animal in good
269 health and shall be provided at suitable intervals for the species, age and condition of the animal
270 but not less than once daily except as otherwise prescribed by a veterinarian or as dictated by
271 naturally occurring states of hibernation or fasting normal to the species.
272
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9B
273 Tether means to restrain a dog by tying the dog to any object or structure, including without
274 limitation a house,tree,fence,post, garage, or shed,by any means, including without limitation a
275 chain,rope, cord, leash, or running line. Tethering shall not include using a leash to walk a dog.
276
277 Trap-neuter-vaccinate-return (TNVR) shall mean a program whereby a free-roaming cat is
278 humanely trapped, spayed or neutered, vaccinated against the threat of rabies, implanted with an
279 RFID, ear-notched or ear-tipped; and returned to their original point of pick-up or other suitable
280 location as part of a community cat management program.
281
282 Unaltered shall mean an animal that has not been sterilized.
283
284 Unprovoked means that a person, who has been conducting himself or herself peacefully and
285 lawfully, has been bitten or chased in a menacing fashion or attacked by an animal. The meaning
286 of"unprovoked" as it relates to Section Thirteen shall follow the definition as provided in F.S.
287 ch. 767.
288
289 Vaccination means administering to any animal, pursuant to a certificate of vaccination
290 issued by a licensed state veterinarian, an anti-rabies vaccine approved by the state department of
291 health and rehabilitative services.
292
293 Water shall mean provision of, and access to, clean, fresh, potable water, of a drinkable
294 temperature, which is free from contamination, and provided in a suitable manner, in sufficient
295 volume, and at suitable intervals, to at all times maintain normal hydration for the age, species,
296 condition, size and types of each animal, except as otherwise prescribed by a veterinarian or as
297 dictated by naturally occurring states of hibernation.
298
299 Wild animal means any living non-domesticated species defined as wildlife by the wildlife
300 code of the state fish and wildlife conservation commission.
301
302 SECTION FOUR: Authority of Director; Interference with Officer in Performance of Duty.
303
304 1. The director of animal services (hereinafter "Director") shall have all necessary authority
305 to enforce this Ordinance, and pick up, catch or procure any animal in violation of this
306 Ordinance, and have such animal impounded within the animal services center or other
307 designated place.
308
309 2. The Director shall have authority to enter upon any public or private property, except a
310 building designated for and actually used for residential purposes and other buildings within the
311 curtilage of the principal residential building, for the purpose of enforcing this Ordinance.
312
313 3. It shall be unlawful for a person to interfere with, hinder, molest or abuse the Director,
314 the health officer,or any of their subordinates in the performance of their lawful duties under this
315 Ordinance or under Florida law.
316
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98
317 4. It shall be unlawful for any owner of any animal to refuse to surrender such animal for
318 impoundment or quarantine as provided by this Ordinance when demand for surrender of the
319 animal is made by the health officer, Director,or other enforcement officer.
320
321 5. The Director or the Sheriff of Collier County, or their respective designees, shall have the
322 authority to destroy any free roaming untagged dog or cat when other reasonable means and
323 methods to capture are tried but failed, or when a diligent search has been made to establish
324 ownership has failed, and it has been ascertained by citizen complaint or investigation that the
325 animal has aggressive tendencies and poses a threat of injury to persons or other animals, or has
326 caused bodily injury to a person or has physically injured or killed livestock.
327
328 SECTION FIVE: Enforcement.
329
330 1. By animal control enforcement officer and sheriff. The Director, any animal control
331 enforcement officer, or officer of the sheriffs office,is empowered to enforce this Ordinance.
332 2. By municipal police. Upon resolution approved by the governing board of any
333 incorporated municipality within the confines of the county, the police force of any such
334 municipality is empowered to enforce the provisions of this Ordinance within that municipal
335 corporation.
336 3. By agents, employees of animal services department.
337 A. Designation. The Director is hereby authorized to designate agents or employees
338 of the county department of animal services as animal control enforcement officers. It shall be
339 the responsibility of the Director to determine the training and qualifications of any employee or
340 agent so designated, subject to minimum requirements specified in F.S. § 828.27.
341 B. Authorization. It shall be the duty of any person designated as an animal control
342 enforcement officer to enforce this Ordinance and subsequent amendments hereto relating to
343 animal control.
344 C. Authorized to issue penalties. Any person designated as an animal control
345 enforcement officer is hereby authorized to issue penalties as outlined in Section 14-38 for
346 violations of this Ordinance and subsequent amendments hereto. The form of penalty issued may
347 be determined at the discretion of the animal control officer or officer of the sheriffs office, but
348 shall be commensurate with the severity of the infraction and any history of violation of the
349 recipient.
350 D. Limitation of powers. Nothing herein contained shall be construed to authorize or
351 permit any person designated as an animal control enforcement officer pursuant to this section,
352 to perform any function or duties of a law enforcement officer other than specified herein. No
353 such officer shall make physical arrests or take any person into custody. All such officers shall
354 be exempt from the requirements relating to the state high-hazard retirement program and police
355 standards and training commission as defined or referred to by F.S. § 122.34 and F.S. ch. 943.
356
357 SECTION SIX: Complaints.
358
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9B
359 1. Complaints for alleged violation(s) of this Ordinance shall be communicated to the
360 Director or designee, sheriffs office or police department. Upon receipt of a complaint, an
361 investigation shall be conducted to determine if there is any violation of this Ordinance. If it is
362 ascertained that any provision of this Ordinance is being violated, proper and lawful action will
363 be taken to enforce this Ordinance.
364
365 2. Upon receipt of more than one "affidavit" for any violation of this Ordinance, each
366 prepared and signed independently by a resident/visitor (at least one affidavit must come from a
367 resident of the County) of a separate dwelling in the vicinity of the violation, and acknowledged
368 under oath before an individual authorized by law to take acknowledgements, or one adult
369 witness who is a resident of the County who submits an "affidavit" with a recorded video or
370 photograph showing an alleged violation, setting forth the complained of acts, an enforcement
371 officer shall investigate the facts to determine if the acts complained of are a violation. The video
372 or photograph shall be considered upon proof of date and time or reliable indications of date and
373 time as determined by the Director or designee. If upon the review of the above the Director or
374 designee determines that a violation has occurred, a penalty may be issued for the violation,
375 including, subject to F.S. § 828.27, and conditions of this Ordinance, a mandatory court
376 appearance or appearance before the special magistrate.
377
378 3. Intentional falsification of information on an "affidavit" shall be a violation of this
379 Ordinance, and punishable as provided in Section Fifteen.
380
381 SECTION SEVEN: Rabies control.
382
383 1. A rabies control program, including the investigation of all reported animal bites, may be
384 carried out through a mutual agreement with the Florida Department of Health using the
385 requirements of Florida Department of Health Rules and Regulation, Chapter 64 D-3, Florida
386 Administrative Code, and/or this Ordinance as a basis for enforcement and program
387 implementation.
388
389 2. Any person having knowledge of an animal biting, scratching or otherwise wounding a
390 person by contact shall immediately report the facts to the County health department or to the
391 Division, if known, including:
392
393 A. The victim's name,approximate age, and address;
394 B. The animal owner's name and address;
395 C. The animal's description and location; and
396 D. Name(s)and description(s)of other persons and animals involved.
397
398 3. An animal known to have bitten or a cat that has scratched a human or an animal
399 suspected of having rabies shall, if possible, be captured or taken into custody by the Director,
400 police, sheriffs office,or health officer.
401
402 A. Any dog or cat without a current rabies vaccination that has bitten, is believed to
403 have bitten or has otherwise exposed a person to rabies or is suspected of having rabies shall be
404 quarantined for rabies observation. The Owner of such dog or cat shall relinquish control of the
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405 dog or cat for the purpose of quarantine. The dog or cat shall be quarantined at the owner's
406 expense for a period of ten (10) days from the date of the bite at the Division's headquarters or at
407 an approved holding facility of a local veterinarian. It shall be unlawful for any person to fail to
408 surrender any such dog or cat for rabies quarantine. Additionally, it shall be unlawful for any
409 person to fail to inform the Division of any such dog or cats last known whereabouts if the owner
410 has relinquished possession of said dog or cat or caused said dog or cat to be taken from the
411 owner's premises.
412
413 B. Any dog or cat with a current rabies vaccination that has bitten, is believed to
414 have bitten or has otherwise exposed a person to rabies may be quarantined at home. The
415 Director, or designee, and/or the County Florida Health Department shall have the authority to
416 grant or deny permission for home quarantine privilege. If at any time during the quarantine
417 period the Director, or designee, determines that the Owner of the dog or cat is not able to
418 sufficiently confine the dog or cat, the Owner shall relinquish control of the dog or cat to animal
419 services. The dog or cat will be confined in the custody of animal services or at an approved
420 holding facility of a local veterinarian for the remainder of the quarantine period at the Owner's
421 expense.
422
423 C. Ear-notched or ear-tipped community cats that have bitten, are believed to have
424 bitten or have otherwise exposed a person to rabies or are suspected of having rabies shall be
425 quarantined for rabies observation for a period of ten(10)days from the date of the bite at animal
426 services or at an approved holding facility of a local veterinarian, if possible. If the cat cannot be
427 trapped for impoundment, it will be observed daily by its Community cat caregiver. Community
428 cats that are not ear-notched or ear-tipped will be deemed to be unvaccinated.
429
430 4. Wild animals that are susceptible of carrying rabies, that are being held in captivity, or
431 possessed as pets by private persons who are properly licensed, but which animals have not been
432 vaccinated with a proven anti-rabies vaccine that has been developed for that specified species of
433 animal and which vaccine is recognized as an effective vaccine by the health officer, or for
434 which no known rabies incubation period has been established by research recognized by the
435 health officer, which animal has either bitten a human being or which animal is suspected of
436 having rabies, shall be impounded and quarantined by the Director upon the recommendation of
437 the health officer. The animal will be held in quarantine for a specified period of time as directed
438 by the health officer.
439
440 A. A wild animal may be euthanized at the discretion of the health officer for the
441 purpose of laboratory analysis to determine if the animal is rabid when the health and/or welfare
442 of the person bitten by that animal is in jeopardy.
443
444 B. The decision whether to euthanize the animal will be based upon history of
445 possible exposure of the animal to rabies and is at the discretion of the health officer.
446
447 5. Any animal possessed in a licensed attraction, zoo, circus, or educational institution, and
448 that is known to have bitten a human being, shall be isolated and subjected to a quarantine period
449 at a location as directed by the health officer or Director. In determining the quarantine and
450 location,the decision will be made on the history of the animal's possible exposure to rabies.
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451
452 6. No animal may be removed from the place of quarantine without the prior written
453 authorization of the health officer or Director, or his or her designee. If any animal dies during
454 quarantine, the person holding the animal in quarantine shall immediately notify the health
455 officer or Director, and shall immediately surrender the body of the animal without altering the
456 body in any manner.
457
458 7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is bitten by
459 a known rabid animal shall be immediately destroyed. If it is an owned animal, however, the
460 owner may elect to have the animal confined and quarantined at the animal services center, or at
461 another location approved by the health officer or Director, for a period of up to six months. All
462 costs of the detention of the animal will be at the expense of the owner.
463
464 8. The Director, sheriff or municipal police officer shall have authority to kill an animal in
465 order to procure an animal that is susceptible of carrying rabies and that is known to have bitten a
466 human being or is suspected of having rabies, provided that all other reasonable means and
467 methods under the circumstances to capture the animal have failed. The head of the animal,
468 intact, shall then be submitted to a designated laboratory to be analyzed for rabies infection.
469
470 9. Owners whose animals have been reported to have bitten any person, shall provide the
471 Director or designee all necessary information by telephone, correspondence or records at animal
472 services, to determine the vaccination status and quarantine requirements for the animal and to
473 place an animal on home quarantine.
474
475 10. The following fees shall be imposed, in amounts set forth by resolution of the Board, for
476 carrying out the rabies control program:
477
478 A. Field officer fee. Owners whose animals have been reported to have bitten any
479 person, shall be charged a fee when the Director or designee is not able to obtain all necessary
480 information pursuant to Section Seven, subsection 2 herein and an animal control officer is
481 dispatched to secure or obtain the required bite information and place an animal on quarantine.
482
483 B. Transportation fee. Owners whose animals have been reported to have bitten any
484 person and who are required to have such animal quarantined at an approved quarantine facility,
485 shall be charged a transportation fee when the Owner has failed to transport said animal to a
486 quarantine facility within twenty-four (24) hours after notification, requiring transportation by
487 the Division.
488
489 C. Quarantine release fee. At the end of each quarantine period for rabies
490 observation, owners whose animals have been reported to have bitten any person are required to
491 call the Division to verify that said animal is alive and healthy to assure that it is free of rabies
492 infection. A quarantine release fee shall be charged when the owner fails to call or the Division is
493 unsuccessful at reaching the owner by phone within forty-eight (48) hours following the
494 expiration of the quarantine period,requiring an animal control officer to observe the animal.
495
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496 D. Quarantine at the Division fee. Owners whose animals are quarantined at the
497 Division for a rabies quarantine shall be charged a quarantine fee, which shall be paid by the
498 owner at the beginning of the quarantine period. The owner shall be responsible to pay for any
499 medical care provided during the quarantine period at the conclusion of the quarantine period.
500 The Owner is also responsible to pay for, if applicable, mandatory sterilization, vaccination
501 against the threat of rabies, implantation of a RFID, and purchase of a County rabies/license tag
502 if not current.
503
504 E. Except as specifically provided by this Ordinance, an invoice reflecting fees
505 imposed pursuant to this section shall be sent to the Owner of the animal. Payment shall be made
506 by the Owner within thirty (30) days of receipt of said invoice. Failure to pay within such time
507 will result in a late fee.
508
509 SECTION EIGHT: County Rabies/License certificate;tags,vaccination required.
510
511 1. Any owner of a dog or cat shall obtain a County rabies/license tag for each such animal
512 when the animal is four months old or older.
513
514 A. In the case of a newly acquired dog or cat, the Owner shall obtain a County
515 rabies/license tag within fifteen(15)days of acquisition.
516
517 B. In the case of a new resident to the County, the Owner shall obtain a County
518 rabies/license tag within fifteen(15) days of establishing residency.
519
520 C. No County rabies/license tag for dogs or cats shall be issued or renewed by a
521 veterinarian or authorized agent until evidence of vaccination for rabies by a licensed
522 veterinarian has been presented. Upon vaccinating a dog or cat against rabies, authorized
523 veterinarians/clinics may have available for purchase by the dog or cat owner, a County
524 rabies/license tag. The County rabies/license tag will be valid for a period of one (1) or three (3)
525 years from the date of vaccination, depending on the expiration date of the rabies vaccination the
526 animal receives, and is required to be renewed annually or triennially thereafter and must remain
527 current at all times.
528
529 No County rabies/license tag shall be valid after the expiration of the rabies vaccination,
530 regardless of the date of issuance. Failure to secure and purchase a new County rabies/license tag
531 within thirty (30) calendar days after the previous tag expires will result in a late penalty
532 established and revised by resolutions adopted by the Board of County Commissioners.
533
534 D. The record corresponding to the County rabies/license tag shall contain the name
535 of the owner,address, breed, sex and color of each animal,or other descriptive data.
536
537 E. A tag designating the license number shall be issued.
538
539 F. All dogs shall be required to wear a valid County rabies/license tag. The tag shall
540 be affixed to the dog's neck by a collar, harness, or other substantial device at all times, except
541 when the animal is confined in a secure enclosure, as long as the tag is securely fastened to a
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542 collar/harness and that device is attached to the enclosure, except when a dog is securely
543 confined in the residence. Dogs participating in a registered match, confirmation show, field
544 trial,or obedience trial are not required to wear such tags during the time of the event.
545
546 G. All cats, other than community cats, shall be required to wear a valid County
547 rabies/license tag. The tag shall be securely fastened around the cat's neck by a collar, harness or
548 other substantial device so as to be clearly visible at all times. Cats, other than community cats,
549 may be exempt from wearing the required license tag while kept in a secure enclosure as long as
550 -the tag is securely attached to the enclosure or while within the owner's residence as long as the
551 tag is provided to an officer upon request.
552
553 H. The County rabies/license tag issued under this section shall not be transferable
554 from animal to animal or from owner to owner.
555
556 I. Each County rabies/license tag must be obtained from persons designated by the
557 Director. License forms provided by the Director for the registration and licensing of dogs and
558 cats shall be completed and be submitted to the Director.
559
560 J. A replacement tag must be purchased and in place within fifteen (15) calendar
561 days if the original tag is lost, misplaced, or stolen at a reduced amount as established by
562 resolution of the Board of County Commissioners.
563
564 K. Veterinarians and authorized agents are authorized to sell dog County
565 rabies/licenses and cat County rabies/licenses and cannot charge more for the tag than is
566 established and revised by resolutions adopted by the Board of County Commissioners. The
567 veterinarian and authorized agents must submit payment to Animal Services for each tag sold
568 during the previous 30 days. Veterinarians and authorized agents are authorized to charge a
569 surcharge for this service. The amount of the authorized surcharge is established and revised by
570 resolutions adopted by the Board of County Commissioners. County rabies/license tags will be
571 furnished by the County to the veterinarian and authorized agents.
572
573 L. Veterinarians and authorized agents must keep complete and accurate records of
574 tags sold and on hand as inventory. All theft or loss must be reported immediately to the proper
575 authority and a copy of the official law enforcement report must be provided to Domestic
576 Animal Services. Unexplained shortages/losses of tags, or sale(s)of tags at the incorrect price(s),
577 are the responsibility of the Veterinarians and authorized agents.
578
579 M. License fees are not required for Police Working Dogs; but such animals must be
580 licensed and must have received their rabies vaccination. In order to receive these license tags at
581 no charge, the owner must have the animal licensed through animal services. Police working
582 dogs vaccinated anywhere else will be liable to pay the surcharge imposed by the veterinarian
583 only.
584
585 2. Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for rabies
586 when the animal is four months old or older. The owner of every dog, cat, and ferret shall have
587 the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between
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588 vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall provide
589 proof of vaccination upon demand of the health officer or his designee or any other person
590 authorized to enforce this Ordinance. Animal services may deny issuance of a County
591 rabies/license tag to any animal without a current rabies vaccination. No vaccination is required
592 if a licensed veterinarian certifies in writing that the vaccination would endanger the animal's
593 health.
594
595 3. Upon vaccination against rabies, the licensed veterinarian shall provide the animal's
596 owner and the animal control authority with a rabies vaccination certificate as defined in F.S. §
597 828.30. Veterinarians shall provide rabies vaccination certificates to Domestic Animal Services
598 within thirty (30) days of vaccination or immediately upon request of Domestic Animal Services
599 in conjunction with an investigation or other enforcement purposes.
600
601 4. Animal-related organizations in good standing with animal services and Pet Placement
602 Partners,with a valid tax exemption under Internal Revenue Code Section 501(c)(3),approved to
603 adopt animals from animal services that are housing cats and dogs in foster or sanctuary type
604 settings as an alternative to humane euthanasia may acquire a blanket license for all cats and
605 dogs housed.
606
607 5. License fees are established and revised by resolutions of the Board of County
608 Commissioners. A portion of each non-neutered/non-spayed animal license fee will be deposited
609 in the County Animal Care Sterilization trust fund for the purpose of funding the County's
610 neuter/spay program. The amount to be deposited is established and revised by resolutions
611 adopted by the Board of County Commissioners.
612
613 6. Owners of animals who visit Collier County or reside in Collier County for less than
614 thirty(30) days per year are exempt from the County rabies/license tag requirement provided that
615 they have proof of a valid current rabies vaccination from another jurisdiction.
616
617 SECTION NINE: Keeping/adopting stray animals.
618
619 1. It shall be unlawful for any person in the County to harbor or keep any stray or
620 apparently lost animal unless he/she has notified the Division within twenty-four(24) hours from
621 the time such animal came into his/her possession. Upon receiving such notice, the Division may
622 require the person to bring the animal to the Division for identification or sheltering, if
623 necessary.
624
625 2. Adopting stray found animals. A resident who possesses a stray dog or cat and who
626 wishes to provide it a permanent home, shall apply to legally adopt such animal by adhering to
627 the following procedures:
628
629 A. Take the found stray animal to the Division to be scanned for a RFID and checked
630 for a tattoo. An exception to this requirement is for the potential adopter to take the dog or cat to
631 a local veterinarian or another animal shelter to be scanned for an RFID and checked for a tattoo.
632 Proof must be presented to the Division that these requirements have been met. The applicant
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633 will not be permitted to adopt a stray dog or cat where an owner is discovered and has not
634 formally forfeited the animal to DAS.
635
636 B. Provide the Division with clear identifying color photographs showing the animal
637 from a side view and a front view. Each photograph must have a minimal dimension of three (3)
638 inches by three (3) inches. It is also recommended that the potential adopter place a "found"
639 advertisement in at least one (1)local newspaper of general circulation.
640
641 C. Complete an official "found" pet form which provides all appropriate identifying
642 information for the animal.
643
644 D. Sign an adoption agreement and pay all necessary fees and deposits. The
645 prospective owner, at his/her option and expense, may make an appointment at the Division to
646 secure the required vaccinations, tests, RFID and sterilization or may secure these requirements
647 through a private veterinarian. All deposits will be refunded when proof is shown that the new
648 owner has complied with these requirements. No sooner than thirty (30) days after completing
649 the official "found" pet form and not to exceed forty-five (45) days.
650
651 3. If the animal becomes injured or sick while under the potential adopter's care, that person
652 shall be required to pay all necessary veterinary expenses. If the adopter does not wish to pay for
653 needed treatment, the animal must be relinquished to the Division. The potential adopter shall
654 lose all rights and claims to the animal.
655
656 4. All potential adopters must agree to relinquish the found dog or cat to its rightful owner
657 after proof of ownership has been demonstrated and/or until such time as the Division approves
658 and releases the animal to the new adopter, no sooner than thirty (30) days after completing a
659 "found" pet form. All potential adopters will relinquish the found dog or cat to the Division upon
660 request if the potential adopter fails to return the animal to the rightful owner for reunification.
661
662 5. Such animal(s) may become the property of a person only if the following requirements
663 are also met:
664
665 A. Photographs and identifying information have been posted at the Division for
666 fifteen(15)business days;
667
668 B. The animal has been given a rabies inoculation and County rabies/license tag;
669
670 C. The animal has been sterilized; and
671
672 D. The animal has been implanted with an RFID and the RFID is registered to said
673 person. The requirements herein must be secured within fifteen (15) calendar days after animal
674 services approves the adoption application. Extensions may be granted by animal services for
675 reasonable requests. Any deviation from these adoption requirements by the potential adopter
676 will void the adoption.
677
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678 6. At its discretion, the Division may refuse an adoption of an animal if it is determined that
679 the adoption is not in the best interest of the animal or the health, safety and general welfare of
680 the public. Factors to be considered may include those factors set forth in Section Sixteen of this
681 Ordinance.
682
683 SECTION TEN: General violations.
684
685 1. It shall be unlawful for the owner of an animal to allow or permit his or her animal:
686
687 A. To be upon the beaches of the county, whether fettered or unfettered, unless the
688 area has been designated by the board as suitable for use by such animals, except for service
689 animals as defined in F.S. § 413.08, or animals used by law enforcement officers or county
690 ordinance enforcement personnel.
691
692 B. To run at large in or upon any public street, road, sidewalk, other public place, or
693 upon private property without the expressed or implied consent, subject to zoning, of the owner
694 or any lessee of such private property.
695
696 C. To be upon public school grounds or public playground in the county, whether
697 fettered or unfettered, except for service animals as defined in F.S. § 413.08.
698
699 D. To enter any building where food is stored, prepared, served or sold to the public,
700 or any other public building or hall; provided, however, that this provision shall not apply to
701 service animals as defined in F.S. § 413.08, to public buildings used for animal shows or
702 exhibitions, or to dogs used for enforcement by any law enforcement officer or code enforcement
703 officer.
704
705 E. To be upon private or public property so as to damage or destroy any property of
706 another including, but not limited to, the unprovoked biting, attacking, or wounding of another
707 person's animal(s) or thing of value.
708
709 F. To defecate and create a sanitary nuisance thereon, including defecating upon
710 roadways, road rights-of-way, sidewalks, or other property. A sanitary nuisance exists whenever
711 the feces are not immediately removed and properly disposed.
712
713 G. To chase, run after, or jump at vehicles or bicycles using any road or road right-
714 of-way.
715
716 H. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using
717 any road right-of-way, persons lawfully on their own property, or persons lawfully on property
718 of another with permission of the owner or person in possession or control of the property.
719
720 I. It shall be unlawful for the owner, or any caretaker of an animal or animals to
721 allow the animal(s), to bark, meow, whine, howl, or to make other sounds common to the
722 species, persistently or continuously for a period of 30 minutes or longer when the animal is not
723 contained within an enclosure sufficient to baffle loud noises and render them reasonably
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724 unobjectionable. This subsection shall not apply to animals maintained on land zoned for
725 agricultural purposes, nor shall it apply to a properly permitted animal shelter established for the
726 care and/or placement of unwanted or stray animals, nor a properly zoned commercial boarding
727 kennel or other animal facility. An owner or custodian of the animal(s), may be cited for a
728 violation of this section when either the investigating officer has received, from at least two
729 unrelated adult witnesses from different residences, a sworn affidavit of complaint attesting to
730 the committing of a nuisance pursuant to such section or subsection, upon receipt of one affidavit
731 as described above accompanied with a photograph or video recording with indicia of reliability
732 as to date and time of the recording, or the citing officer has witnessed the commission of such a
733 nuisance. Affidavits attesting to the nuisance must come from residents within a three-block
734 radius(approximately 900-foot radius).
735
736 J. No owner or caretaker of an animal(s) shall permit the animal, either willfully or
737 through failure to exercise due care or control, to bite, attack or wound a human without
738 provocation while such person is in or on a public place or lawfully in or on a private place
739 including the property of the owner of such animal.
740
741 K. Any cat that is outdoors while not under direct control must be sterilized.
742
743 2. It shall be unlawful to keep any female dog or cat in heat(estrus) which is not confined to
744 a building or secure enclosure, veterinary hospital, or boarding kennel and in such a manner that
745 the female dog or cat can come in contact with any male dog or cat except for intentional
746 breeding with a specific male dog or cat and the owner or custodian is currently permitted and
747 inspected as a breeder through the Division..
748
749 SECTION ELEVEN: Animal care; manner of keeping.
750
751 1. No person who is the owner or possessor or who has charge or custody of an animal shall
752 fail to provide:
753
754 A. Shelter(as defined herein) for the animal;
755
756 B. Water (as defined herein) for the animal. An animal confined outdoors shall have
757 a continuous supply of clean, fresh, and potable water, unless the animal is under the direct
758 supervision of a responsible person at events such as dog or cat shows or field trials. In such
759 cases, the responsible person shall ensure sufficient water is provided to the animal in order to
760 maintain normal hydration for the species of animal;
761
762 C. Clean, sanitary, safe and humane conditions;
763
764 D. Medical attention and/or necessary veterinary care when an animal is sick,
765 diseased or injured; Upon request by the Division, written proof of veterinary care must be
766 provided;
767
768 E. Adequate sustenance(as defined herein)to any animal;
769
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770 F. Grooming(as defined herein) for the animal; and
771
772 G. Humane care and treatment.
773
774 2. No person shall engage in animal hoarding.
775
776 3. Shelter for equine,bovine,ovine and porcine normally maintained in outdoor areas must:
777
778 A. Provide protection from the direct rays of the sun and the direct effect of wind and
779 rain;
780
781 B. Provide a wind break and rain break;
782
783 C. Provide a solid roof;
784
785 D. Provide protection from the elements at all times; and
786
787 E. Provide space for each animal to comfortably stand up, sit down, lie down and
788 turn around in the shelter. If the shelter is used for more than one (1) animal at the same time, it
789 must provide enough space for each animal to comfortably stand up, sit down, lie down and turn
790 around simultaneously.
791
792 4. It shall be unlawful for any person maintaining equine or ovine to fail to keep hooves
793 trimmed so as to prevent lameness and extreme overgrowth causing deformities.
794
795 5. To keep horses, cattle, or other livestock in a manner inconsistent with recognized
796 livestock husbandry practices.
797
798 6. It shall be unlawful for the owner of an animal to allow or permit his or her animal:
799
800 A. To be abandoned. Abandonment shall constitute the relinquishment of all rights
801 and claims by the Owner to such animal in accordance with F.S. § 705.19. Community Cats shall
802 not be considered abandoned when returned to the original point of pick-up or other suitable
803 location as part of a community cat management program.
804
805 B. To be confined in an unattended motor vehicle without sufficient ventilation or
806 under other conditions for such periods of time as may endanger the health and/or physical well-
807 being of the animal due to heat, lack of potable water, or such other circumstances as may
808 reasonably cause suffering,disability, or death to the animal.
809
810 7. An Animal Control Officer shall free any animal left unattended in a motor vehicle if the
811 animal appears to be in imminent danger or distress or if the interior of the vehicle reaches a
812 temperature of eighty (80) degrees Fahrenheit or higher for a period of five (5) minutes or
813 longer. The Animal Control Officer shall first attempt to locate the owner. If unable to do so in a
814 reasonable time, with due consideration given as to the peril to the animal, the Animal Control
815 Officer shall free the animal in a manner which is calculated to cause the least damage to the
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816 vehicle as necessary to safely remove the animal. Once freed, the animal is to be brought to an
817 animal services center, or veterinarian, and the Owner promptly notified.
818
819 8. No person shall transport or carry any dog or other animal in a motor vehicle unless the
820 animal is safely enclosed within the vehicle or trailer. If a person is transporting or carrying an
821 animal in an unenclosed or partially enclosed vehicle including, but not limited to, convertibles,
822 pick-up and flat-bed trucks, the person shall confine the animal in a container, case, or other
823 device that is of proper and adequate size to prevent the animal from falling from or jumping
824 from the motor vehicle.
825
826 9. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle,
827 sheep, poultry or other agricultural livestock in trailers or other vehicles designed and
828 constructed for such purposes.
829
830 10. Any enclosure used as a primary means of confinement for a dog must meet the
831 definition of proper enclosure as stated in this Ordinance. It shall be unlawful for a responsible
832 party to tether a dog while outdoors, except when all of the following conditions are met. This
833 section shall not apply to the transportation of dogs:
834
835 A. The dog is in visual range of the responsible party, and the responsible party is
836 located outside with the dog.
837
838 B. The tether is connected to the dog by a buckle-type collar or a body harness made
839 of nylon or leather,not less than one inch in width.
840
841 C. The tether has the following properties: It is at least five times the length of the
842 dog's body, as measured from the tip of the nose to the base of the tail; it terminates at both ends
843 with a swivel; it does not weigh more than 1/8 of the dog's weight; and it is free of tangles.
844
845 D. The dog is tethered in such a manner as to prevent injury, strangulation, or
846 entanglement.
847
848 E. The dog is not outside during a period of extreme weather, including without
849 limitation extreme heat or near-freezing temperatures, thunderstorms, tornadoes, tropical storms
850 or hurricanes.
851
852 F. The dog has access to water, shelter and dry ground.
853
854 G. The dog is at least six months of age. Dogs under six (6) months of age shall not
855 be tethered.
856
857 H. The dog is not sick or injured.
858
859 I. Pulley, running line, or trolley systems are at least 15 feet in length and are less
860 than 7 feet above the ground.
861
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862 J. If there are multiple dogs, each dog is tethered separately.
863
864 11. Any enclosure used as the primary confinement of cats shall provide the following
865 conditions:
866
867 A. Cats must be provided access to a receptacle containing sufficient clean litter for
868 excreta and body wastes.
869
870 B. Cats must be provided solid resting surface(s) that are large enough to hold all
871 cats comfortably.
872
873 12. The Director shall impound or make the subject of an order to provide care any animal
874 found to be cruelly treated as defined in this Ordinance or under Florida Law, as outlined in F.S.
875 § 828.073, as may be amended.
876
877 13. Whoever violates any provision of this section shall forfeit his right to license any
878 additional animals in the County for one year in addition to any other penalty provided by this
879 Ordinance or otherwise by law. Any ownership of such animals without benefit of a license shall
880 be deemed an additional violation of this Ordinance.
881
882 14. No person, animal-related business, or breeder shall make or offer for sale, trade,
883 delivery, barter, lease, rent, auction, give away, transfer, or otherwise convey or dispose of dogs
884 and cats on or in any street,public property,or commercial parking lot.
885
886 15. No person shall make or offer for sale, trade, delivery, barter, lease, rent, auction, give
887 away, transfer, or otherwise convey or dispose of dogs and cats on or in any street, public
888 property, or commercial parking lot, dogs or cats that are a result of intentional or unintentional
889 breeding, unless the owner is currently registered and permitted as a Hobby Breeder or
890 Commercial Breeder with the Division as described in section three (14-28),definitions.
891
892 SECTION TWELVE:Cruelty to animals.
893
894 1. It shall be unlawful for any person to:
895
896 A. Fight or bait animals as set forth in F.S. § 828.122, commonly known as "The
897 Animal Fighting Act."
898
899 B. Maim or disfigure any dog, cat, or other animal. A person shall not crop the ears
900 or dock the tail of any dog, unless the person employs a veterinarian to perform the cropping and
901 docking. If a person possesses a dog with an ear or ears cut off or cropped, or tail docked, and
902 with the unhealed wound, then that possession is prima facie evidence of a violation of this
903 section, unless the cropping or docking was performed by a veterinarian and the documentation
904 to prove this is provided the Division upon demand.
905
906 C. It shall be unlawful for any person to leave or deposit any poison or any substance
907 containing poison in any common street, road, alley, lane or thoroughfare of any kind, or in any
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Y
908 yard or enclosure other than that person's own yard or enclosure, for the purpose of inflicting
909 injury or killing any animal other than a common rat or mouse.
910
911 D. Confine animals without sufficient food, water, or exercise, or abandon to die any
912 animal that is maimed, sick, infirm, or diseased, as prohibited in F.S. § 828.13.
913
914 E. Commit an act of animal cruelty in violation of F.S. § 828.12.
915
916 F. Beat and cause unnecessary injury and suffering to any animal.
917
918 G. Work an animal in a sick,diseased or injured condition.
919
920 H. To keep horses, cattle, or other livestock in a manner inconsistent with recognized
921 livestock husbandry practices.
922
923 2. A person may not:
924
925 A. Knowingly engage in any sexual conduct or sexual contact with an animal;
926
927 B. Knowingly cause, aid, or abet another person to engage in any sexual conduct or
928 sexual contact with an animal;
929
930 C. Knowingly permit any sexual conduct or sexual contact with an animal to be
931 conducted on any premises under his or her charge or control; or
932
933 D. Knowingly organize, promote, conduct, advertise, aid, abet, participate in as an
934 observer, or perform any service in the furtherance of an act involving any sexual conduct or
935 sexual contact with an animal for a commercial or recreational purpose.
936
937 3. The Director or designee shall impound or make the subject of an order to provide care
938 any animal found to be cruelly treated as defined in this Ordinance or under Florida Law, as
939 outlined in F.S. § 828.073, as may be amended.
940
941 4. Whoever violates any provision of this Section shall forfeit his right to license any
942 additional animals in the County for one year in addition to any other penalty provided by this
943 Ordinance or otherwise by law. Any ownership of such animal without benefit of a license shall
944 be deemed an additional violation of this Ordinance.
945
946 5. To the extent permitted by law and not inconsistent with this Section the following
947 portions of the Florida Statutes, in their current form and as subsequently amended, are hereby
948 adopted and incorporated by reference except as to penalty, and shall be part of this Section as if
949 they were set out in full and punishable as civil infractions:
950
951 A. F.S. § 828.058;
952 B. F.S. § 828.065;
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98
953 C. F.S. § 828.08;
954 D. F.S. § 828.12;
955 E. F.S. § 828.121;
956 F. F.S. § 828.122;
957 G. F.S. § 828.123;
958 H. F.S. § 828.1231;
959 I. F.S. § 828.125;
960 J. F.S. § 828.13;
961 K. F.S. § 828.14;
962 L. F.S. § 828.16;
963 M. F.S. § 828.161;
964 N. F.S. § 828.22;
965 O. F.S. § 828.23;
966 P. F.S. § 828.24; and
967 Q. F.S. § 828.252.
968
969 SECTION THIRTEEN: Dangerous Dogs; Procedures.
970
971 1. Dangerous Dog Procedure.
972
973 A. All definitions as set forth in F.S. ch. 767 shall be incorporated herein. The
974 provisions of F.S. ch. 767, as may be amended, pertaining to dangerous dogs are adopted in their
975 entirety as part of this Section. All procedures, regulations, requirements, and restrictions,
976 pertaining to dangerous dogs are applicable under this article, and a violation of state law shall
977 constitute a violation of this Ordinance. To the extent that any provision in this Ordinance
978 conflicts with F.S. ch. 767,the statute shall control.
979
980 B. The Director shall investigate reported incidents involving any dog that may be
981 dangerous and shall, if possible, interview the owner and require a sworn affidavit from any
982 person, including any animal control officer or enforcement officer, desiring to have a dog
983 classified as dangerous. Any animal that is the subject of a dangerous dog investigation, and is
984 not impounded with animal services, shall be humanely and safely confined by the owner in a
985 securely fenced or enclosed area pending the outcome of the investigation and resolution of any
986 hearings related to the dangerous dog classification. The address of where the animal resides
987 shall be provided to animal services. No dog that is the subject of a dangerous dog investigation
988 may be relocated or ownership transferred pending the outcome of an investigation or any
989 hearings related to the determination of a dangerous dog classification. In the event that a dog is
990 to be destroyed,the dog shall not be relocated, or ownership transferred.
991
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992 C. Animal services may impound any dog under investigation if the owner is unable
993 or unwilling to securely confine the dog during the investigation. Upon written notice from
994 animal services, the owner must allow access to the dog for the purposes of impoundment. If the
995 dog is impounded during this time,the owner is responsible for all costs related to impoundment
996 unless the owner ultimately prevails,and the dog is not declared dangerous.
997
998 D. A dog shall not be declared dangerous if the threat, injury, or damage was
999 sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the
1000 property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No
1001 dog may be declared dangerous if the dog was protecting or defending a human being within the
1002 immediate vicinity of the dog from an unjustified attack or assault.
1003
1004 E. If the Director, or his or her designee, makes an initial determination that a dog is
1005 dangerous, based on the initial investigation, the County shall provide written notification of that
1006 determination to the owner of the dog. Notice shall be by certified mail, by certified hand
1007 delivery, by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida Statute. The
1008 Director's initial determination shall automatically become final unless the dog's owner, within
1009 seven calendar days after receipt of the notice, files a written request for a hearing to challenge
1010 the Director's initial determination. The written request must be submitted to animal services. If
1011 the dog's owner files a timely written request for a challenge hearing, the effective date of the
1012 determination shall be the date of the final decision of the Special Magistrate.
1013
1014 F. Any owner of a dog that is initially declared dangerous by the Director may
1015 appeal that decision to the Code Enforcement Special Magistrate. This hearing shall be held as
1016 soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of
1017 request from the owner. The hearing may only be continued by agreement of both parties.
1018
1019 G. If the Special Magistrate's determination is to uphold the dangerous dog
1020 classification, animal services shall provide written notification to the owner as required above.
1021 The dog owner may file a written request for a hearing in circuit court to appeal the classification
1022 within ten (10) business days after receiving notice. This request for hearing must be filed with
1023 the circuit court, and a copy provided to animal services within the time provided. Any such
1024 appeal shall not be a hearing de novo, but shall be limited to appellate review of the record
1025 created before the Special Magistrate.
1026
1027 2. Registration of dangerous dog and fees.
1028
1029 A. Registration of dangerous dog. Not later than 14 calendar days after the final
1030 effective date, as specified above, that the dog is determined to be a dangerous dog, the dog's
1031 owner must file a complete written standard form application with animal services to be issued a
1032 certificate of registration for the dangerous dog. The application/administration fee for each
1033 certificate shall be established by Resolution of the Board of Commissioners. A complete
1034 application for the initial certificate of registration shall include: (i) the filing fee and late fees, if
1035 any; (ii) a color photograph of dog and a signed acknowledgement form that the dog will be
1036 identified by name and address on the Collier County Animal Services website; (iii) a receipt or
1037 other written proof that the dog has been permanently identified (via microchip); (iv) a current
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9B
1038 certificate of vaccination, against rabies for the dog; and (v) a receipt or other written proof that
1039 the dog has been spayed or neutered by a licensed veterinarian. If there is a medical or other
1040 reason that the dog cannot be spayed or neutered, the owner will provide the reason in writing
1041 signed by a Collier County licensed veterinarian.
1042
1043 B. Within ten (10) days of receipt of a complete application, animal services will
1044 make a site visit to ensure provision of a proper enclosure, and posting of the premises with a
1045 clearly visible warning sign at all entry points that informs both children and adults of the
1046 presence of a dangerous dog on the property. Animal services will provide two (2) of the
1047 required signs. Upon completion of a successful site visit, animal services will issue the
1048 requested initial certificate. The duration of each certificate is 365 days. There shall be a late fee
1049 for each day that the certificate is not issued, and such late fee shall be determined by a
1050 Resolution of the Board of County Commissioners.
1051
1052 C. Annual renewal of certificate of registration. A standard renewal application must
1053 be filed annually at least ten (10) calendar days prior to the date that the respective certificate is
1054 to expire. A complete application for a renewal certificate shall include the
1055 renewal/administrative fee, a current color photograph of each dangerous dog sign posted at the
1056 premises where the dangerous dog resides, and a current certificate of rabies vaccination.
1057
1058 D. Failure to re-register. There shall be a late fee for each day that a complete
1059 renewal application is not filed, and such late fee shall be determined by Resolution of the Board
1060 of County Commissioners. Animal services may impound any dog whose owner has: (i) failed to
1061 re-apply for registration 30 days past the expiration of the certification; or (ii) failed to
1062 successfully complete re-registration 45 days past the expiration of the certification. Upon
1063 written notice from animal services, the owner must allow access to the dog for the purposes of
1064 impoundment. The owner is responsible for all costs related to impoundment. Failure to
1065 successfully re-register the dog after 30 days of impoundment will result in forfeiture of
1066 ownership of the dog. Animal services may dispose of such an impounded dog, in a humane
1067 manner, at the expense of the owner.
1068
1069 3. Subsequent handling of dangerous dogs.
1070
1071 A. The owner shall immediately notify animal services when a dog that has been
1072 classified as dangerous:
1073
1074 (1) Is loose or unconfined;
1075 (2) Has bitten a human being or attacked another animal;
1076 (3) Is sold, given away,or dies; and/or
1077 (4) Is moved to another address.
1078
1079 Prior to a dangerous dog being sold or given away,the owner shall provide the name,
1080 address, and telephone number of the new owner to animal services. The new owner must
1081 comply with all the requirements of this Ordinance. The owner is required to notify the
1082 appropriate animal services authority if the dog is moved out of jurisdiction.
1083
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9B
1084 B. It is unlawful for the owner of a dangerous dog to permit the dog to be outside a
1085 proper enclosure unless the dog is muzzled and restrained by a suitable leash of dependable
1086 strength and under the control of a competent person. Unless prohibited by the dog's physical
1087 make-up, as in brachycephalic breeds, the muzzle must be of a cage-style that will not interfere
1088 with the dog's vision, will allow the dog to pant and drink, but will prevent it from biting a
1089 person or animal. Brachycephalic breeds of dogs must wear a suitable type of mu771e if a cage-
1090 style cannot be worn. The owner may exercise the dog in a securely fenced or enclosed area that
1091 does not have a top, without a mu7J1e or a leash, if the dog remains within his or her sight and
1092 only members of the immediate household or person 18 years of age or older are allowed in the
1093 enclosure when the dog is present. When being transported, such dogs must be safely and
1094 securely restrained within a vehicle.
1095
1096 C. Hunting dogs are exempt from the provisions of this act when engaged in any
1097 legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as
1098 obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are
1099 exempt from the provisions of this section when engaged in any legal procedures. However, such
1100 dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have
1101 been classified as dangerous shall not be used for hunting purposes.
1102
1103 D. This section does not apply to dogs used by law enforcement officials for law
1104 enforcement work.
1105
1106 E. A person who violates any provision of this section commits a noncriminal
1107 infraction,punishable by a fine not to exceed$500.
1108
1109 4. Attack or bite by dangerous dog.
1110
1111 A. If a dog that has previously been declared dangerous attacks or bites a person or a
1112 domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree,
1113 punishable as provided in F.S. ch. 775. In addition, the dangerous dog shall be immediately
1114 confiscated by animal services, placed in quarantine, if necessary, for the proper length of time,
1115 or impounded and held for ten (10) business days after the owner is given written notice under
1116 F.S. ch. 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day
1117 time period shall allow the owner to request a hearing as outlined above in this section. The
1118 owner shall be responsible for payment of all boarding costs and other fees as may be required to
1119 humanely and safely keep the animal during any appeal procedure.
1120
1121 B. If a dog that has previously been declared dangerous attacks and causes severe
1122 injury to or death of any human,the owner is guilty of a felony of the third degree,punishable as
1123 provided in F.S. ch. 775. In addition, the dog shall be immediately confiscated by animal
1124 services, placed in quarantine, if necessary, for the proper length of time or held for ten business
1125 days after the owner is given proper written notification under F.S. ch. 767, and thereafter
1126 destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner
1127 to request a hearing under this section. The owner shall be responsible for payment of all
1128 boarding costs and other fees as may be required to humanely and safely keep the animal during
1129 any appeal procedure.
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9B
1130
1131 C. If the owner files a written appeal under this section, the dog must be held and
1132 may not be destroyed while the appeal is pending.
1133
1134 D. If a dog attacks or bites a person who is engaged in or attempting to engage in a
1135 criminal activity at the time of the attack, the owner is not guilty of any crime specified under
1136 this section.
1137
1138 5. Attack or bite by unclassified dog that causes severe injury or death.
1139
1140 A. If a dog that has not been declared dangerous attacks and causes the death of a
1141 human, the dog shall be immediately confiscated by animal services, placed in quarantine, if
1142 necessary, for the proper length of time or held for 10 business days after the owner is given
1143 written notification under F.S. ch. 767, and thereafter destroyed in an expeditious and humane
1144 manner. This 10-day period shall allow the owner to request a hearing under this section, the dog
1145 must be held and may not be destroyed while the appeal is pending. The owner is responsible for
1146 payment of all boarding costs and other fees as may be required to humanely and safely keep the
1147 animal during any appeal procedure.
1148
1149 B. If a dog that has not been declared dangerous attacks and causes severe injury to,
1150 or the death of, a human, and the owner of the dog had knowledge of the dog's dangerous
1151 propensities,yet demonstrated a reckless disregard for such propensities under the circumstances
1152 the owner of the dog commits a misdemeanor of the second degree, punishable as provided in
1153 F.S. ch. 767.
1154
1155 C. If the dog attacks or bites a person who is engaged in or attempting to engage in a
1156 criminal activity at the time of the attack, the owner of the dog is not guilty of any crime under
1157 this section.
1158
1159 6. Violations.
1160
1161 A. Failure to comply with any provision of this Section may result in a fine not to
1162 exceed $500.00 and impoundment of the subject dog. Upon written notice from animal services,
1163 the owner must allow access to the dog for the purposes of impoundment. The owner is
1164 responsible for all costs related to impoundment.
1165
1166 B. Failure to cure any violation of this Section within 30 days of impoundment of the
1167 subject dog will result in forfeiture of ownership of the dog. Animal services may dispose of
1168 such an impounded dog, in a humane manner at the expense of the owner.
1169
1170 C. Upon second occurrence of a violation of this Section, failure to cure within ten
1171 (10) days of impoundment of the subject dog will result in forfeiture of ownership of the dog.
1172 Animal services may dispose of such an impounded dog, in a humane manner at the expense of
1173 the owner.
1174
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9B
1175 D. Each daythe owner of a dangerous fails to comply with the requirements of
dog PY q
1176 this Section or the requirements of F.S. § 767.12, as may be amended, shall constitute a separate
1177 and distinct offense.
1178
1179 SECTION FOURTEEN: Standards of care.
1180
1181 1. The following provisions are limited to animal-related businesses, animal-related
1182 organizations,commercial breeders, hobby breeders, and rodeos.
1183
1184 2. The Director is hereby granted authority to recommend Standards of Care for animal-
1185 related businesses, animal-related organizations, commercial breeders, hobby breeders, and
1186 rodeos for approval by the Board of County Commissioners. Standards of Care shall be approved
1187 by ordinance of the Board and then codified in the Collier County Administrative Code. As set
1188 forth below, a violation of an approved Standards of Care shall be deemed to be a violation of
1189 this Ordinance.
1190
1191 3. The owner or operator of any animal-related business, animal-related organization,
1192 commercial breeders, hobby breeders, or rodeo shall properly feed and care for each animal in
1193 their custody or control and otherwise meet all relevant Standards of Care.
1194
1195 4. The Director shall inspect the premises of any animal-related business and any animal-
1196 related organization on an annual basis. The Director shall inspect the premises of any rodeo
1197 prior to or within twenty-four (24) hours of the commencement of that event. The Director will
1198 inspect the premises of any breeder on a quarterly basis. The Division may inspect the premises
1199 of any pet shops on a monthly basis. Inspections shall be made without notice, during normal
1200 business hours or at any reasonable time during daylight hours. An animal control officer may
1201 conduct an investigation ' : • ••. , . • •• . . . . . . . •. , , . .
1202 • .. " . . • • . . • . .. . .. • , .
1203 . . - . . • . • . • . . . • : ; : 4 should animal services receive a
1204 complaint alleging a violation of this Ordinance.
1205
1206 5. Refusal to allow the Director to inspect any premises, animal, or records associated with
1207 any animal-related business, organization or rodeo, or any breeding operation, shall constitute a
1208 violation of this Ordinance.
1209
1210 6. Should the inspection reveal a violation of this Ordinance or the relevant Standards of
1211 Care, a Notice to Comply will may be issued. The Notice to Comply shall specify the violation
1212 and shall contain a time period not to exceed 15 days to enable the violator to come into
1213 compliance. The premises shall be re-inspected promptly following the time period specified by
1214 the Notice to Comply. Failure to correct the violation shall result in the issuance of a citation.
1215
1216 7. Every person who owns or operates an animal-related business or animal-related
1217 organization shall obtain a permit from the Director. No person shall operate, solicit business, or
1218 advertise as an animal-related business,animal-related organization, rodeo, or commercial/hobby
1219 breeder, without first obtaining_a permit issued by the Division. A fee will be charged for the
1220 permit. Permit fees shall be established and revised by resolutions of the Board of County
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9B
1221 Commissioners. The Director shall issue an animal-related business or organization permit after
1222 receipt of this fee and inspection of the business or organization premises if he determines that
1223 the premises meet all established standards and regulations. New animal-related businesses shall
1224 be issued a temporary thirty (30) day provisional permit prior to inspections. The permit shall be
1225 displayed within the licensed premises at a place where it is clearly visible to the public. An
1226 animal-related business or organization permit is valid for one (1) calendar year from date of
1227 issue unless otherwise revoked and must be renewed annually. Renewal applications must be
1228 made thirty(30) days prior to expiration of the permit. Permits are not transferable or refundable.
1229 The Board shall by resolution establish late fees for untimely permit renewal applications.
1230 Failure to timely apply for a permit renewal may result in a lapse in the permit.
1231
1232 8. Every person or organization who sponsors or operates a rodeo shall, at least thirty (30)
1233 days prior to the date of the event, make application to the Director for a permit to operate. The
1234 fee for such application and permit shall be established and revised by resolutions of the Board
1235 of County Commissioners. The Director shall issue a rodeo permit after receipt of this fee and
1236 inspection of the event premises if he determines that the event will meet the established
1237 Standards of Care. That permit shall be displayed at the event at a place where it is clearly visible
1238 to the public.
1239
1240 9. Commercial and hobby breeders must obtain the applicable breeder permit from the
1241 Director. A fee will be charged for the permit. Permit fees shall be established and revised by
1242 resolutions of the Board of County Commissioners. The Director shall issue the applicable
1243 breeder permit after receipt of this fee and inspection of the breeder's premises if he determines
1244 that the breeder meets the established Standards of Care. A breeder permit is valid for one (1)
1245 calendar year, from date of issuance unless otherwise revoked, and must be renewed annually.
1246 Renewal applications must be made thirty (30) days prior to expiration of the permit. Permits are
1247 not transferable or refundable. The Board shall by resolution establish late fees for untimely
1248 permit renewal applications. Failure to timely apply for a permit renewal may result in a lapse in
1249 the permit. Failure to obtain a permit prior to operating as a breeder shall constitute a violation of
1250 this Ordinance.
1251
1252 10. A new animal-related business, animal-related organization, or commerciallhobby
1253 breeder shall use its initial permit issue date as the anniversary date for the purposes of permit
1254 expiration and annual renewal. No permit shall be issued without written approval from the
1255 Collier County Zoning Division or the applicable municipal zoning office to confirm that the
1256 animal establishment may legally operate at the proposed location and a copy of the Business
1257 Tax Receipt.
1258
1259 11. Each separate place of business or property shall be required to have a sperate permit for
1260 each location. Each individual mobile grooming unit shall be subject to inspection and shall be
1261 required to have a separate permit. If there is a change in ownership of any animal
1262 establishment,the new owner shall obtain a permit.
1263
1264 4.912. The Director shall have the authority to deny, suspend or revoke a permit, as issued under
1265 this Section if the Director determines that one of the following has occurred:
1266
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98
1267 A. There has been a material misstatement or misrepresentation in the permit
1268 application, or the permit has been transferred in an effort to avoid the requirements of this
1269 chapter;
1270
1271 B. The permit holder/applicant/corporation/officer of the corporation has been cited
1272 for at least two (2) major violations or five (5) minor violations, within a five-year period, each
1273 resulting in the imposition of a fine;
1274
1275 C. The permit holder/applicant has outstanding and unsatisfied civil penalties
1276 imposed due to a violation of this chapter;
1277
1278 D. The permit holder/applicant or a member of the household if a home-based
1279 business has been convicted of a violation of law involving cruelty to animals;
1280
1281 E. An animal under the care and responsibility of a permit holder/applicant has been
1282 found to be in need of immediate veterinary care that, if not treated, would result in suffering,
1283 pain or death;
1284
1285 F. The permit holder/applicant and/or his/her/its employees/agents refuses to allow
1286 the inspection of the premises;
1287
1288 G. The permit holder/applicant or a member of the household if a home-based
1289 business has had a final judgment entered against him/her/it based upon a finding of animal
1290 neglect or mistreatment pursuant to Florida Statutes § 828.073 or comparable statute; or
1291
1292 H. The permit holder/applicant knowingly employs/employed an employee who has
1293 been convicted of a violation of law involving cruelty to animals or who has had a final
1294 judgment entered against him/her based upon a finding of animal neglect or mistreatment
1295 pursuant to Florida Statutes $ 828.073 or comparable statute.
1296
1297 The Director shall notify the permit holder of the denial, suspension, or revocation of the
1298 permit in writing. •. ... • . _ . . . .• -•• . • . _ .• -•• - • .
1299 . . . . . . . . . . . _ • . _. ., _• •., .•. The denial, revocation
1300 or suspension of the permit shall automatically become final unless the permit holder/applicant,
1301 within thirty twenty calendar days from the date of notice the written decision, files a written
1302 request for a hearing to challenge the Director's initial decision. The written request must be
1303 submitted to the Division. The hearing shall be held before the Special Magistrate within 60 days
1304 of the date the written request was received by the Division. The parties may agree to extend
1305 this date if both parties agree. The Special Magistrate may uphold or overturn the Director's
1306 initial decision. The permit holder/applicant may re-apply for a new permit once the reason for
1307 the denial,revocation or suspension has been corrected, if applicable.
1308
1309 X13. No animal-related businesses, animal-related organizations, commercial breeders, hobby
1310 breeders, pet dealers, and rodeos permits shall be granted or issued to a person who has been
1311 charged with and convicted of charges of animal cruelty under any jurisdiction. Such automatic
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9e
1312 denial shall extend to corporations, companies, partnerships,joint ventures, professional groups
1313 or associations which include a person so described.
1314
1315 4214. Animal-related organizations in good standing with animal services as contemplated
1316 herein and rescue organizations qualified to adopt animals from animal services that are housing
1317 cats and dogs in foster or sanctuary settings as an alternative to humane euthanasia may acquire a
1318 blanket license for all cats and dogs housed when registering the animals housed on the premises.
1319
1320 15. Prohibition of pet leasing and pet-collateral transactions.
1321
1322 A. It shall be unlawful to lease a dog or cat. Any such contract entered into after the
1323 effective date of this provision shall be void as against public policy,
1324
1325 B. No contract for the sale or transfer of a dog or a cat or the financing of such sale
1326 or transfer shall include any provision that authorizes the use of a dog or a cat as collateral, by
1327 which such dog or cat may be repossessed if the purchaser defaults under such contract. Any
1328 such contract or financing arrangement entered into after the effective date of this provision shall
1329 be void as against public policy,and the person who took possession of the dog or cat under such
1330 a contract shall be deemed to remain the legal owner of the dog or cat regardless of any default.
1331
1332 C. Any seller or transferor of animals who violates the provisions of this section
1333 shall be subject to a civil penalty. Each prohibited transaction shall subject the violator to a
1334 separate civil penalty.
1335
1336 D. Nothing in this section shall be construed to prohibit:
1337
1338 E. The purchase of a dog or cat through an unsecured personal loan.
1339
1340 F. Exemptions. This section shall not apply to agreements involving provision of
1341 animals for lawful breeding purposes; lawful use in professional shows and exhibitions; and
1342 working purposes, such as service animals in compliance with 2013-55 section six (14-81), or
1343 law enforcement dogs.
1344
1345 SECTION FIFTEEN: Penalties.
1346
1347 1. For any violation or alleged violation of this Ordinance, the Director, deputy sheriff,
1348 municipal police officer, or other enforcement officer empowered to enforce this Ordinance, may
1349 issue to the owner of(or to the person in custody of)the animal a written warning statement.
1350
1351 2. Whenever possible, a violation issued by an animal control officer shall be hand
1352 delivered to the violator (or the violator's representative having custodial responsibilities at the
1353 location of the violation). If the animal control officer is unable to hand deliver the citation, the
1354 animal control division may send a letter by certified mail to the violator.
1355
1356 3. For an initial violation of Section Eight, Section Nine, Section Eleven, Section Thirteen,
1357 Section Fourteen, and Section Sixteen, excluding Subsection 9, of this Ordinance, the Director,
1358 deputy sheriff, municipal police officer, or other enforcement officer empowered to enforce this
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96
1359 Ordinance, may issue to the owner of (or to the person in custody of) the animal a Notice to
1360 Comply under which the recipient must come into compliance within fifteen days of receipt,
1361 extensions may be granted by the Director for Notices to Comply except for violations of Section
1362 Eleven (Animal Care; Manner of Keeping) or Fourteen (Standards of Care) if the violation
1363 constitutes cruelty. Failure to comply shall result in a citation.
1364
1365 4. A violation of this Ordinance is a civil infraction as provided in F.S. § 828.27. For any
1366 violation of this Ordinance, the Director, deputy sheriff, municipal police officer, or other
1367 enforcement officer empowered to enforce this Ordinance, may issue a citation to the violator.
1368
1369 A. A citation issued by an animal control enforcement officer under the provisions of
1370 this section shall be in a form prescribed by the board. Such citation shall contain all known
1371 information required by F.S. § 828.27, including the date and time of issuance of the citation;
1372 name and address of the person in violation; the date of the violation; description of the animal
1373 involved; the section or sections of this Ordinance, or subsequent amendments, violated; the
1374 facts constituting probable cause; name and authority of the citing enforcement officer; also the
1375 procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to
1376 appear before the special magistrate when a mandatory appearance is required as specified in the
1377 citation or when scheduled by the code enforcement department, in which case there is no option
1378 but to appear before the special magistrate; the applicable civil penalty if the person elects not to
1379 contest the citation and the applicable civil penalty if the person elects to contest the citation;
1380 also a conspicuous statement of the effect of failure to promptly pay the fine or appear before the
1381 special magistrate or in court. Subject to the limitations now or hereafter specified in F.S. §
1382 828.27, a mandatory special magistrate or court appearance may be required by the issuing
1383 officer. Mandatory appearances before a special magistrate may also be ordered by the special
1384 magistrate as specified in this section, or as otherwise within the special magistrate's authority.
1385
1386 B. Upon conviction of any civil infraction, the violator shall be punished by a fine
1387 not to exceed$500.00 in the discretion of the court or special magistrate, as applicable. Each day
1388 of the violation or noncompliance as to each animal shall be considered as a separate and distinct
1389 offense. In addition, any person convicted under any provisions of this Ordinance shall pay all
1390 costs and expenses involved in the case.
1391
1392 C. Each violator shall be required to pay an administrative surcharge of$5.00, plus a
1393 $2.00 surcharge to pay the costs of the 40-hour minimum standards training course for animal
1394 control enforcement officers for each cited violation.
1395
1396 D. Each person or entity that commits one or more civil infraction(s) under this
1397 Ordinance, but does not contest the citation, shall pay a fine for each such separate offense as
1398 follows:
1399
1400 (1) Nonaggravated violations. Fines for an uncontested citation for violation
1401 of any provision of this Ordinance, except any aggravated violation described in Subsection (2),
1402 below and as defined above, are as follows:
1403
1404 (a) First citation: $100.00 for each first offense.
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9B
1405
1406 (b) Second citation: $200.00 for each second offense.
1407
1408 (c) Third (or more) citation: $300.00 for each such offense if a
1409 mandatory appearance is not required by the animal control enforcement officer named on the
1410 citation. If a mandatory appearance is required by the animal control enforcement officer named
1411 on the citation, the recommended fine should be more than$350.00, but not more than $500.00.
1412 The amount of the fine(s) shall be as determined by the special magistrate or other trier of fact. A
1413 mandatory appearance shall be required for each third and each subsequent citation if the violator
1414 has not at the time of issuance of the citation paid all fines and all surcharges for all prior
1415 citations.
1416
1417 (2) Aggravated violations. A violation of Section Sixteen, Subsection 9;
1418 Section Eleven, if failure to comply with Notice to Comply; or Section Twelve shall be
1419 considered an aggravated violation. For each uncontested aggravated violation, the fines and
1420 appearance obligations are as follows:
1421
1422 (a) First citation: $250.00 for each first aggravated violation.
1423
1424 (b) Second citation: $350.00 for each second aggravated violation.
1425
1426 (c) Third (or more) citation(s): A mandatory appearance and a
1427 recommended fine of more than $400.00 but not more than $500.00 for each such aggravated
1428 violation. The amount of such fines shall be determined by the Special Magistrate or other trier
1429 of fact.
1430
1431 E. Animal services may authorize and establish an educational program aimed at
1432 teaching responsible pet ownership. When such a program becomes available any person who
1433 receives a citation may elect to attend in lieu of payment. The person cited shall be responsible
1434 for any cost associated with attending the course. The person cited must register and pay for the
1435 course within twenty (20) days of receipt of the citation. Registration and payment for the course
1436 constitutes admission of the violation and in so doing the person waives his or her right to
1437 contest the violation to the Special Magistrate. The course must be successfully completed within
1438 ninety (90) days of receipt of the citation. Upon completion of the course, the civil penalty will
1439 be waived; however, a person may not make an election under this subsection if the person has
1440 successfully completed this course within the preceding twelve (12) months or if the citation
1441 requires a mandatory appearance before the special magistrate. A person may make no more than
1442 two (2) elections under this subsection, however, a person cited for a violation Section Twelve
1443 may only make one election under this subsection. Successful completion of the course does not
1444 constitute dismissal of the violation as a first(or subsequent)offense.
1445
1446 F. A person who is required to appear does not have the option of paying the fine
1447 instead of appearing before the Special Magistrate.
1448
1449 G. A citation that is dismissed by the county, or by the Special Magistrate or by other
1450 trier of fact, shall not count as a prior citation for the purpose of determining the number of prior
1451 citations issued to that violator.
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9B
1452
1453 H. The violator's failure to pay the fine, and/or to timely request a hearing before the
1454 Special Magistrate may result in an admission of guilt. The code enforcement department shall
1455 give notice to the violator that a hearing will be conducted concerning the alleged violation(s)
1456 and/or unpaid fines. The notice shall be in similar form to that described in the Collier County
1457 Code Enforcement Special Magistrate Ordinance and state the time and place of the hearing, as
1458 well as the violation(s) which are alleged to exist and/or the accruing fine amount, if applicable.
1459 The Special Magistrate's findings shall be reduced to writing and recorded in the official records.
1460
1461 I. Notwithstanding anything in this Ordinance,the individual who issues the citation
1462 or other pleading may require a mandatory appearance if a mandatory appearance is in that
1463 instance authorized by law.
1464
1465 J. If the named violator is properly noticed of the hearing and fails to appear, the
1466 Special Magistrate may hear the citation and impose any penalties allowed by this Ordinance.
1467
1468 K. The named violator or the county may seek to overturn a final order of the Special
1469 Magistrate by making application to the county court for a trial de novo on the merits. Such
1470 application must be filed within 30 calendar days from the rendition of the order sought to be
1471 overturned. A violator will have the right to a de novo proceeding provided that all
1472 administrative remedies have been exhausted. Failure to make such application within the
1473 required time period will render the findings and order of the Special Magistrate conclusive,
1474 binding, and final. All findings of the Special Magistrate will be evidence at any de novo
1475 proceeding held pursuant to this subsection.
1476
1477 L. If the named violator or the animal control enforcement officer fails to appear in
1478 court the court may issue an order to show cause. Such order shall require such persons to appear
1479 before the court to explain why action on the citation has not been taken or the court may render
1480 a civil judgment up to $500.00. If any person who is issued an order to show cause fails to
1481 appear in response to the court's directive,that person may be held in contempt of court.
1482
1483 M. If any penalty provision specified by F.S. § 828.86 828.27 is amended, such
1484 amended penalty provisions shall apply to this Ordinance without further action by the board of
1485 county commissioners.
1486
1487 N. The County may institute proceedings in a court of competent jurisdiction to
1488 compel payment of any civil penalty. If a person fails to pay the civil penalty or fails to appear in
1489 court as may be required, then the court may issue an order to show cause upon the request of
1490 animal services. The person shall be required by the court to appear before the court to explain
1491 why action on the citation has not been taken. If any person who is issued such order fails to
1492 appear in response to the court's directive,the person may be held in contempt of court.
1493
1494 O. Nothing herein contained shall prevent or restrict the county from taking such
1495 other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy
1496 any violation or noncompliance. Such other lawful actions shall include, but shall not be limited
1497 to, an equitable action for injunctive relief and an action at law for damages.
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Page 33 of 42
9B
1498
1499 P. Violations of Section Eight, subsections 1(K) and 1(L) and subsection 3, shall not
1500 result in a citation and/or monetary penalty, but may result in the Division revoking the
1501 veterinarian's authorization to issue County licenses.
1502
1503 5. Penalty Schedule. The following Penalty Schedule is meant as a summary of the penalties
1504 set forth above. Should this chart conflict with the penalty provisions set forth above,the penalty
1505 provisions shall control:
1506
— -- � -----_._------ l ------ 7
- Officer
Third or Subsequent j
Violation of First Offense Second Offense Discretion
Offense Permitted?
Section Eight Requirement Notice to Comply,
Notice to Comply,with j
to license and vaccinate with a$200.00
a$100.00 citation
except for Section Eight, citation issued if not Citation:$300.00 No
subsection 1(K)and(L) issued if not in
compliance in 15 days i in compliance in 15
and subsection 3. days
Section Ten General Formal Written Citation$200.00 Citation:$300.00 Yes
Violations Warning
Notice to Comply,with
a$250.00 citation Aggravated Citation,
with mandatory
Section Eleven Manner of issued if not in Aggravated appearance:$400.00— No
Keeping compliance in Citation:$350.00
specified time up to 15 $500.00,as set by the
special magistrate
days
Aggravated Citation, -!
Section Twelve Cruelty to Aggravated Citation: Aggravated with mandatory
Animal(s) $250.00 Citation:$350.00 appearance:$400.00— I No
$500.00,as set by the
special magistrate
t _ Notice to Comply with i- - ----- ------ f -_�
Section Thirteen a$100.00 citation I Citation:$200.00 Citation: $300.00 Yes
Dangerous Dog issued if not in i
compliance in 15 days
Notice to Comply with !
a$100.00 citation No if violation
Section Fourteen issued if not in Citation:$200.00 Citation: $300.00 constitutes
Standards of Care compliance upon re- ! J cruelty
inspection
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Page 34 of 42
96
Sections Nine Stray ;Notice to Comply with — I
Animals and Section ; a$100.00 citation j
Sixteen Impounded issued if not in , Citation:$200.00 I Citation:$300.00 No
I 1
Animals compliance in 15 days
i t
Any item not specified
above Citation:$100.00 j Citation:$200.00 Citation:$300.00 I Yes
1507
1508 SECTION SIXTEEN: Disposition of impounded animals.
1509
1510 1. Impounded animals with identification not suspected of having an infectious or
1511 contagious disease shall be held for a minimum of five full days (120 hours) to provide time for
1512 the animal's owner to notify staff of intent to recover the animal. Cat(s), kitten(s), puppy(ies),
1513 and all animal(s) other than dog(s), cats with identification,or livestock, for which an owner has
1514 not been identified or deemed to have an owner by an identification tag or other identification,
1515 shall immediately be considered abandoned and shall become the property of the Division. The
1516 Division may, at its discretion, place such animal(s) for adoption, place in foster care, transfer
1517 the animal(s) to another shelter, transfer the animal(s) to rescue or make disposition pursuant to
1518 law at the time, but shall not euthanize these animals for a minimum of five full days (120
1519 hours).
1520
1521 2. If an impounded animal is suffering from or suspected to have an infectious or contagious
1522 disease, or is injured or debilitated to such an extent that it is experiencing pain or suffering as
1523 determined by a veterinarian or competent designee(s), or the animal poses an immediate
1524 substantial risk to staff or visitors to the shelter, the animal may be euthanized prior to the
1525 expiration of the five-day (120-hour)hold.
1526
1527 3. Impoundment of cattle require legal notifications as specified in F.S. § 588.17.
1528
1529 4. The Director or designee shall make at least three attempts to contact the owner of an
1530 impounded animal, if the owner's identity is known or easily ascertained, before the animal's
1531 humane disposition. Dogs, identified cats, and other animals not claimed within the specified
1532 hold period, may be adopted, transferred, or may be euthanized by any method specified in F.S.
1533 § 828.058.
1534
1535 5. Animals that are impounded for safe keeping at the request of a first-responding agency
1536 due to the death or medical emergency of its owner or caretaker, shall be held for a minimum of
1537 five days (120 hours). After five days (120 hours) the Division will hold the animals for an
1538 additional five days (120 hours)and the Director or designee shall make at least three attempts to
1539 contact the owner during this time. Animals not claimed after this ten-day (240-hour) period,
1540 may be adopted, transferred, or may be euthanized, at the discretion of the Director or designee.
1541
1542 6. Animals shall be released to owners on presentation of proof of ownership and payment
1543 of costs and fees. Proof of ownership may include a County rabies/license tag, veterinary
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Page 35 of 42
9B
1544 records, tattoo, bill of sale, adoption contract, registered (RFID) microchip, affidavits from two
1545 separate neighbors, other reliable documentary or anecdotal evidence deemed reliable by the
1546 Director or designee; along with a signed affidavit affirming ownership. If ownership cannot be
1547 proven, the animal must remain at Domestic Animal Services for the established hold period
1548 prior to reclaiming.
1549
1550 A. Fees.
1551
1552 (1) Fees related to impoundments may include, but are not limited to,
1553 impoundment fees, advertising fees for impounded livestock, laboratory and veterinarian fees,
1554 transportation fees, and daily board.
1555
1556 (2) Fees are established and revised by resolutions adopted by the board of
1557 county commissioners.
1558
1559 B. Microchipping.
1560
1561 (1) Dogs and cats that have been impounded shall be implanted with a radio
1562 frequency identification devise (RFID) (microchip) by animal services' staff at the owner's
1563 expense prior to being released to the owner.
1564
1565 (2) Animals that are already microchipped when impounded, must have the
1566 information on the microchip recorded by animal services.The information must be accurate and
1567 current. If the information is not current, the owner must come into compliance with this section
1568 prior to having the animal released.
1569
1570 (3) At the discretion of the Director or designee, the animal may be released
1571 to the owner with a Notice to Comply to have the animal microchipped and applicable payment
1572 specified by resolution. The fee will be refundable within thirty (30) days if services are provided
1573 by a non-animal services licensed veterinarian. The owner will be required to submit a statement
1574 within fifteen (15) days, signed by a licensed veterinarian, confirming that the animal has been
1575 so implanted and provide the microchip number to animal services. Failure to provide proof of
1576 microchipping shall result in a penalty as specified in the penalty schedule. No microchipping is
1577 required if a licensed veterinarian certifies in writing that microchipping would endanger the
1578 animal's health.
1579
1580 C. Mandatory spay/neuter.
1581
1582 (1) Dogs and cats that have been impounded shall be spayed/neutered at the
1583 owner's expense prior to being released to the owner.
1584
1585 (2) No spay/neuter is required if a licensed veterinarian certifies in writing
1586 that the surgery would endanger the animal's health or if a licensed veterinarian with whom the
1587 pet owner has a previously established doctor-patient-client relationship certifies in writing that
1588 the animal is of appropriate health, conformation, and temperament to be bred. Such certification
1589 is to be made on a sworn statement provided by the County. The owner of the animal will also
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Page 36 of 42
9B
1590 certify on an affidavit to be provided by the County that he or she will comply with the
1591 provisions of this Ordinance or all laws and ordinances governing the regulation of breeders. An
1592 owner shall not use this exemption more than one (1) time per animal; mandatory sterilization is
1593 required based on a second impoundment. The animal shall only be released to the owner with a
1594 signed Notice to Comply allowing the owner fifteen(15) days to comply with and/or register as a
1595 Hobby Breeder or Commercial-Breeder. Failure to register as a Hobby Breeder or Commercial-
1596 Breeder will result in a penalty as specified in the penalty schedule.
1597
1598 7. Voluntary surrender.
1599
1600 A. Person(s) wishing to surrender an animal shall be allowed to do so at the
1601 discretion of the Director or designee. Every person who voluntarily surrenders an animal must
1602 provide a valid photo identification that shows proof of residence and sign a form acknowledging
1603 that the surrender is voluntary and acknowledging the discretion of the animal control division to
1604 dispose of the animal. Animal services shall not be liable for the disposition of any voluntarily
1605 surrendered animal after receipt of the animal from its owner. The animal shall be immediately
1606 available for adoption,placement or other appropriate disposition once surrendered.
1607
1608 B. Person(s)surrendering animals shall be responsible for paying an surrender fee.
1609
1610 C. Person(s) wishing to surrender an animal with the request for euthanasia shall be
1611 allowed to do so at the discretion of animal services. It is not the policy or practice of animal
1612 services to supply "on-demand" euthanasia procedures, but in the interest of relieving a suffering
1613 animal, or for aggressive animals that pose a safety risk, animal services may provide the service
1614 for a fee,at the Director's or designee's sole discretion.
1615
1616 D. No surrendered or stray animals from outside the Divisions jurisdiction shall be
1617 accepted except for humane reasons or if the animal was previously adopted from the Division;
1618 such animals shall be referred to another agency. The photo identification of the owner/person
1619 wishing to surrender an animal that shows an address outside of the Divisions jurisdiction shall
1620 be used as the current address of the animal.
1621
1622 E. An animal that has bitten a human may be surrendered to the Division for
1623 quarantine pursuant to the applicable provisions of the Florida Administrative Code 64D-3, as
1624 may be amended. An animal surrendered for quarantine to the Division is subject to all
1625 requirements of Section Sixteen prior to reclaim.
1626
1627 F. It is a violation of this section for any person to falsely identify himself or herself
1628 as an owner or owner's agent.
1629
1630 8. Animals not claimed within the appropriate holding period may be adopted, subject to the
1631 provisions below:
1632
1633 A. Adoption fees are established and revised by resolutions adopted by the board of
1634 county commissioners.
1635
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Page 37 of 42
9B
1636 B. In order to adopt an animal, a person must be at least 18 years of age and provide
1637 photo identification and/or other proof of residency.
1638
1639 C. Administration of the neuter/spay program shall remain under the control of the
1640 Director. Accounting for the disbursement of the neuter/spay fees shall be in accordance with
1641 procedures of the county's fmance department.
1642
1643 D. Dogs and cats that are adopted shall be microchipped by animal services' staff.
1644
1645 E. Dogs and cats that are adopted shall be spayed/neutered by animal services'
1646 veterinarian or a licensed veterinarian contracted by animal services prior to being released to the
1647 adopter.
1648
1649 F. If a dog or cat adopted from animal services is not sterilized prior to placement in
1650 the adopter's home, the adopter shall have the animal sterilized by a licensed veterinarian within
1651 30 days of the adoption or prior to the animal's sexual maturity. The adopter shall enter into a
1652 written agreement with the county guaranteeing such sterilization and pay a deposit from the
1653 adopter as established by Resolution of the Board of County Commissioners, which deposit shall
1654 be refundable upon presentation to the Division or upon written evidence by the veterinarian
1655 performing the sterilization surgery that the animal has been sterilized as specified in F.S. §
1656 823.15. If the subsequent sterilization is not performed by animal services' veterinarian or a
1657 licensed veterinarian contracted by animal services, the adopter shall be responsible for the
1658 expense and shall forfeit the deposit. Assumption of financial responsibility does not relieve the
1659 adopter of the requirement to provide written proof of sterilization within the specified time
1660 limit. Animal Control Officers are authorized to impound or to issue a Notice to Comply and/or
1661 citations for failure to sterilize any dog or cat adopted from the animal shelter.
1662
1663 G. The Director or designee has the final authority to approve the adoption of any
1664 animal. The Director or designee may refuse an adoption if it determines that the adoption is not
1665 in the best interest of the animal, or detrimental to the health, safety or welfare of the general
1666 public.
1667
1668 9. No person, or on behalf of any other person or entity whatsoever, shall acquire or attempt
1669 to acquire actual or constructive possession of any animal for any use in research, testing, animal
1670 fighting, or animal sacrifice, from the actual or constructive possession of any county animal
1671 services center, or from any person or entity operating or controlling any animal custody facility,
1672 pound, or animal shelter that is then leased from the county by a lease that prohibits such use, or
1673 is then under a contract with the county which contract prohibits such use. Such use includes the
1674 immediate or eventual sale, transfer, gift, trade, donation, delivery, or any other provision of any
1675 animal for use in research, testing, and/or animal sacrifice. No employee, volunteer, worker,
1676 agent or other representative of any such entity shall knowingly release from the actual or
1677 constructive possession of any such entity,any animal for any such known or suspected use.
1678
1679 10. Failure to comply with the requirements of this section shall be a violation of this
1680 Ordinance and punishable as provided in Section Fifteen.
1681
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9B
1682 SECTION SEVENTEEN: Wild Animals.
1683
1684 It shall be unlawful for any person to maintain or keep a wild animal except:
1685
1686 1. Owners licensed by the State Fish and Wildlife Conservation Commission and
1687 confined to the owner's premises in a cage or enclosure.
1688
1689 2. A wild animal for exhibition purposes maintained by a licensed circus, zoo,
1690 attraction or educational institution.
1691
1692 SECTION EIGHTEEN: Psittacine birds.
1693
1694 1. A Psittacine bird known to be infected with the Psittacosis virus, or to have been
1695 associated with a bird known to be infected, shall be quarantined until released by the health
1696 officer. No bird shall be removed from where an infected bird is found until the quarantine is
1697 lifted.
1698
1699 2. When human contamination is traced to an aviary a reasonable number of birds will be
1700 confiscated for virus examination.
1701
1702 3. Infected birds shall be killed and their bodies immersed in two percent Creosol and
1703 burned before the feathers are dry if the bodies are not shipped for laboratory examination.
1704 Shipment for laboratory examination shall be made in accordance with instructions by the health
1705 officer.
1706
1707 SECTION NINETEEN: Community cats.
1708
1709 1. Collier County recognizes that there are community cat caregivers and acknowledges that
1710 community cats living in colonies may be tolerated living outdoors, provided such cats are
1711 properly cared for in accordance with the following requirements:
1712
1713 A. All community cats living in colonies shall be cared for on the private property of
1714 the community cat caregiver or with the permission of the property owner or property manager.
1715
1716 B. Community cat caregivers shall provide certain necessities on a regular and
1717 ongoing basis, including, but not limited to,proper nutrition and medical care, as needed.
1718
1719 C. Free-roaming cats living in colonies shall be sterilized, ear-tipped, and vaccinated
1720 for rabies. Community cats living in colonies shall be exempt from rabies registration license
1721 requirements of Section Eight and the stray animal provisions of Section Sixteen.
1722
1723 D. Food shall be provided in the proper quantity for the number of cats being
1724 managed and is to be supplied no less than once per day. Food must be placed in feeding
1725 containers that are maintained and secure.
1726
1727 E. Water must be clean, potable, and free from debris and algae.
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1728
1729 F. Shelter, if provided, shall be unobtrusive, safe, and of the proper size for the
1730 community cat(s).
1731
1732 G. Healthy community cats that have been impounded by the Division may be
1733 immediately returned-to-field, released to a community cat caregiver, or, if considered
1734 sufficiently socialized,adopted. Community cats who have been impounded more than once may
1735 be considered a community nuisance and may be euthanized at the discretion of the Division.
1736 Notwithstanding the foregoing, whenever an impounded community cat is visibly injured or
1737 diseased, is determined to be a nuisance, appears to be suffering, or upon the advice of a
1738 veterinarian, then the Division may euthanize the community cat pursuant to the stray animal
1739 provisions of Section Sixteen. Animal services has the right to immediately seize and humanely
1740 destroy any Community Cat that poses a public health or safety concern by virtue of disease
1741 (rabies or other epizootic events), aggressive temperament resulting in unprovoked attacks on
1742 humans,or any other reason concerning public health and safety.
1743
1744 2. Management programs to reduce the uncontrolled reproduction of community cats shall
1745 be implemented by the Director to provide for the sterilization and return-to-field of all healthy
1746 community cats entering animal services.
1747
1748 A. All community cats entering animal services shall be counted toward intake and,
1749 upon return-to-field, shall be counted as a live-release.
1750
1751 B. All community cats entering animal services shall be examined for temperament
1752 to evaluate their ability to survive in an outdoor environment with or without assistance from a
1753 community cat caregiver.
1754
1755 C. Community cats shall be sterilized, ear-tipped, vaccinated to include rabies
1756 vaccination, implanted with a radio frequency identification devise (RFID) (microchip) and
1757 returned to the original point of pick-up by a Pet Placement Partner, volunteer, or an Animal
1758 Control Officer. However, any community cat may be euthanized upon the Discretion of the
1759 Director in accordance with Section Nineteen, 1.G, above.
1760
1761 SECTION TWENTY: Injury to animals by motor vehicles; reporting requirement.
1762
1763 Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at
1764 once and render such assistance as may be possible without risking personal safety and shall
1765 immediately report such injury or death to the animal's owner. In the event the owner cannot be
1766 ascertained and located, such operator shall at once report the accident to the appropriate law
1767 enforcement agency and/or animal services.
1768
1769 SECTION TWENTY-ONE: Disposal of bodies of dead animals.
1770
1771 1. Any owner of any animal, upon the death of such animal, shall immediately dispose of
1772 the carcass by burning, burying at least two (2) feet below the surface of the ground, or other
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1773 authorized method of disposal; however, nothing in this section shall prohibit the disposal of
1774 such animal carcass to companies licensed to do businesses in this County.
1775
1776 2. It is unlawful to dispose of the carcass of any animal by dumping such carcass on any
1777 public or private property.
1778
1779 3. Any owner of any animal shall be responsible for the costs of disposing of the animal in
1780 instances where the Division disposes of the animal due to any emergency or the owner's failure
1781 to act.The costs of disposal shall be established by the Board by resolution.
1782
1783 SECTION TWENTY-TWO: Tampering with animal traps or capture devices.
1784
1785 No person shall willfully tamper with, remove, alter, destroy, or disable any animal control
1786 trap, cage or capture device, set out or placed by an animal control officer or a person or
1787 organization authorized by the animal control division. Any person who violates this section is
1788 subject to a fine in an amount set by resolution of the board of county commissioners.
1789
1790 SECTION TWENTY-THREE: Livestock.
1791
1792 1. Livestock fences. Every owner of livestock shall erect and/or maintain a fence to contain
1793 and confine all livestock kept or maintained on his/her premises. Such fence shall be sufficiently
1794 strong and substantial so as to prevent egress of livestock. Failure to so erect and/or maintain the
1795 fence in reasonably good condition shall be deemed a violation of this chapter. The owner of
1796 livestock shall, within twenty-four (24) hours of initial contact from the Division, repair or erect
1797 a fence and/or make arrangements for the placement of livestock so as to have the livestock
1798 confined. If the fence is not repaired or erected, or arrangements have not been made for the
1799 placement of livestock within the twenty-four-hour period, the owner may receive a civil
1800 citation.
1801
1802 2. Livestock at large. Any owner of livestock who unlawfully, intentionally, knowingly or
1803 negligently permits the same to run at large or stray upon any street, roadway, right-of-way,
1804 other public area or the private property of another without consent or their authorized agent or
1805 lessee, shall be deemed to be in violation of this chapter.
1806
1807 3. Equine infectious anemia/Coggins.
1808
1809 A. All horses within the County or transported into the County must have a report of
1810 a negative Coggins (EIA) test conducted within the previous twelve (12) months. A foal under
1811 six (6) months of age, is exempted from test requirements when accompanied by its dam which
1812 has a report of a negative Coggins test conducted within the past twelve (12)months.
1813
1814 B. All horses, other than those sold for slaughter, must have a report of a negative
1815 Coggins test conducted within the previous twelve (12) months for change of ownership. The
1816 negative Coggins test report must be provided to the new owner or custodian at the time of
1817 change of location or ownership.
1818
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1819 SECTION TWO: Conflict and Severability.
1820 In the event this Ordinance conflicts with any other ordinance of Collier County or other
1821 applicable law,the more restrictive shall apply. If any phrase or portion of the Ordinance is held
1822 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
1823 separate, distinct and independent provision and such holding shall not affect the validity of the
1824 remaining portion.
1825
1826 SECTION THREE: Inclusion in the Code of Laws and Ordinances.
1827 The provisions of this Ordinance shall become and be made a part of the Code of Laws
1828 and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
1829 or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
1830 "article," or any other appropriate word.
1831
1832 SECTION FOUR: Effective Date.
1833 This Ordinance shall become effective upon receipt of notice from the Secretary of State
1834 that this Ordinance has been filed with the Secretary of State.
1835
1836 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
1837 County,Florida,this day of ,2020.
1838
1839 ATTEST: BOARD OF COUNTY COMMISSIONERS
1840 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
1841
1842
1843 By: By:
1844 ,Deputy Clerk BURT L. SAUNDERS, CHAIRMAN
1845
1846
1847 Approved as to form and legality:
1848
18491850
1851 Kevin L.Noell
1852 Assistant County Attorney
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1 ORDINANCE NO.2020-
2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
3 COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-55,
4 RELATING TO THE STANDARDS OF CARE FOR ANIMAL-RELATED
5 BUSINESSES, ANIMAL-RELATED ORGANIZATIONS, COMMERCIAL
6 BREEDERS, NON-COMMERCIAL BREEDERS, AND RODEOS, AS
7 CODIFIED IN CHAPTER 14, ARTICLE IV OF THE CODE OF LAWS
8 AND ORDINANCES, BY AMENDING STANDARDS OF CARE;
9 REGULATIONS FOR BREEDERS AND ADDING PET SHOPS TO
10 SECTION FOUR; ADDING REGULATORY LANGUAGE FOR PET
11 SHOPS AND PET DEALERS, ADDING OPERATIONAL STANDARDS
12 FOR PET SHOPS AND PET DEALERS, INCLUDING LANGUAGE
13 REGULATING PET SHOPS AND PET DEALERS FROM SECTION
14 828.29, FLORIDA STATUTES AS MAY BE AMENDED; ADDING AN
15 EXEMPTION FOR PET STORES AND PET SHOPS THAT OFFER SPACE
16 TO ANIMAL RESCUE GROUPS TO ADOPT ANIMALS; PROVIDING
17 FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
18 INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
19 FOR AN EFFECTIVE DATE.
20
21 WHEREAS, on September 24, 2013, the Board of County Commissioners of Collier
22 County ("Board") adopted Ordinance No. 2013-55, relating to the standards of care for animal-
23 related businesses, animal-related organizations, commercial breeders, non-commercial breeders,
24 and rodeos; and
25
26 WHEREAS, on October 8, 2019, the Board of County Commissioners of Collier County
27 ("Board") voted to have the Animal Services Advisory Committee develop an ordinance to
28 regulate animal retail businesses; and
29
30 WHEREAS, on January 21, 2020, the Animal Services Advisory Committee approved
31 suggested changes to the Collier County Animal Control Ordinance and Ordinance No. 2013-55
32 to regulate animal-related businesses and breeders; and
33
34 WHEREAS, in consideration of the above-mentioned recommendations, the Board finds
35 it in the best interest of the citizens of Collier County to amend Ordinance No. 2013-55 to codify
36 those recommendations.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
39 COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
40
41 SECTION ONE: AMENDMENTS TO ORDINANCE NO.2013-55.
42
43 Ordinance No. 2013-55 is hereby amended as follows:
44
45
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46 SECTION ONE: Purpose of Ordinance.
47 The purpose of this Ordinance is to create the Standards of Care authorized by Section
48 Twelve of the Collier County Animal Control Ordinance. This Ordinance is expressly limited to
49 animal-related businesses, animal-related organizations, commercial breeders, nen-sem
50 hobby breeders, and rodeos and is to be read in conjunction with the Collier County Animal
51 Control Ordinance.
52 SECTION TWO: General Standards of Care.
53 Anyone who owns or maintains an animal-related business, animal-related organization,
54 commercial breeder,nen-eemmerei l hobby breeder,or rodeo must provide that animal:
55 1. Freedom from hunger or thirst by ready access to fresh water and a diet to maintain full
56 health and vigor;
57 2. Freedom from discomfort by providing an appropriate environment including shelter
58 and a comfortable resting area;
59 3. Freedom from pain, injury or disease by prevention or rapid diagnosis and treatment;
60 4. Freedom to express normal behavior by providing sufficient space, proper facilities and
61 company of the animal's own kind; and
62 5. Freedom from fear and distress by ensuring conditions and treatment which avoid
63 mental suffering.
64 SECTION THREE: Proper Animal Husbandry.
65 Anyone who owns or maintains an animal-related business, animal-related organization,
66 commercial breeder, nen-commercial hobby breeder, or rodeo must exercise proper Animal
67 Husbandry,which includes the following practices minimum general operational guidelines:
68 1. Animal enclosures must be safe, sanitary, dry, and must protect the animals from the
69 elements.
70 2. Temporary Aanimal enclosures, for housing animals less than twelve (12) hours, shall
71 be large enough for each animal contained therein to stand up, sit down, lie down, and
72 turn around simultaneously.
73 3. Where an enclosure is used sequentially for more than one animal during the course of a
74 day,the enclosure will be cleaned, sanitized and dried between each animal.
75 4. Airline-type containers normally used for shipping and transporting animals shall not be
76 used to permanently house animals.
77 5. Where animals are incompatible, they shall be contained separately in appropriate
78 enclosures.
79 6. Housing facilities for animals must be clean and sufficiently ventilated at all times when
80 animals are present to provide for their health,comfort and well-being.
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81 7. Housing facilities for animals must be sufficiently heated and cooled when necessary to
82 protect the animals from cold and hot temperatures and to provide for their health,
83 comfort and well-being.
84
85
86 .. •_ :. : . .. _ . • ' . :, • - ... _ . . - • . •. : • • . Premises
87 shall have sufficient lighting to permit routine inspection and cleaning of the facility.,
88 and clear observation of the animals. Animal areas must be lighted for at least eight(8)
89 hours a day, be either natural or artificial light, corresponding to the natural period of
90 daylight. If only artificial light, such as fluorescent light is provided, it must provide
91 full-spectrum illumination. Animal enclosures must be placed so as to protect animals
92 from excessive light.
93 9. Premises where animals are housed shall be clean, orderly and free of garbage, toxic
94 substances, unused food, standing water, sharp objects, litter or refuse.
95 10. Garbage shall be kept in garbage cans with properly fitting lids and disposed of
96 regularly.
97 11. Bodies of dead animals must be disposed of according to applicable county and state
98 regulations, policies and laws. Pet shops and breeders are subject to veterinary
99 inspection for deceased animals.
100 12. Food shall be stored in such a way as to prevent contamination by rodents, pests and
101 moisture. Food storage containers shall be clearly and properly labeled as to contents.
102 13. Any poisonous plants growing in or near where herbivorous animals are being housed
103 should be removed.
104 14. All chemicals, pesticides, cleaning solutions and disinfectants shall be stored and used
105 in accordance with manufacturers' instructions, properly labeled as to content and kept
106 away from contact with animals and animal food.
107 15. All animal feces shall be removed and disposed of properly. Livestock manure which
108 has been removed from animal enclosures shall be maintained the maximum feasible
109 distance from animal housing. Animal feces shall not be allowed to contaminate
110 surrounding waters.
111 16. Food dishes and water bowls shall be cleaned daily.
112 17. When communal feeding containers are used, there shall be sufficient space to feed all
113 the animals simultaneously.
114 18. Animals shall be provided with food of sufficient quantity and quality to allow for
115 normal growth and maintenance of a healthy body weight.
116 19. Fresh water shall be available to all animals daily and shall be maintained in a container
117 in such a manner that animals cannot turn the container over.
118 20. Food and water shall be fresh, appropriate for the animal,and free from contamination.
119 21. Animals must be given exercise appropriate for their species,breed, and size.
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120 22. The responsible party must follow veterinary instructions for any sick or injured animal.
121 Proof of adequate, timely veterinary care and follow-up must be provided to animal
122 services upon request.
123 23. Animals having a known or suspected communicable animal-to-human disease shall be
124 maintained in isolation where they cannot directly or indirectly come into contact with
125 any other animals or the public. Applicable county and state health regulations must be
126 followed when caring for any animal harboring an animal-to-human disease.
127 24. Any animal that cannot stand on its own or that has a life-threatening disease must be
128 hospitalized, housed under the direction of a licensed veterinarian or humanely
129 euthanized in accordance with F.S. § 828.058.
130 25. Animals shall not be worked in a sick, diseased or injured condition.
131 26. Animals shall not be abused, mistreated, tormented or in any manner made to suffer by
132 any person or any means.
133 27. Any enclosure used as a primary means of confinement for a dog must meet the
134 definition of proper enclosure as defined in the Collier County Animal Control
135 Ordinance.
136 28. Have floors which are constructed in a manner that protects the dogs' and cats'
137 appendages from injury and that will not allow the dogs' and cats' appendages to pass
138 through any openings in the floor.
139 29. Wherever animals are housed or cared for, floors, moldings, walls, shelves and work
140 areas shall be of a nonporous material impervious to fecal matter and urine that can be
141 easily swept, wiped, mopped and disinfected daily. Carpeting as a flooring or wall
142 covering shall not be used wherever animals are housed or maintained.Notwithstanding
143 the foregoing,the Division may in writing approve the use of alternative materials when
144 the animal establishment provides a written plan for keeping all surfaces in the animal
145 enclosure clean and properly disinfected and demonstrates compliance with such plan.
146 2-830. Cats must be provided access to a receptacle containing sufficient clean litter to
147 contain excreta and body wastes.
148 293l. Cats must be provided solid resting surface(s) that are sufficient to hold all cats at the
149 same time comfortably.
150 3832. Livestock normally maintained in outdoor areas must have access to shelter that
151 provides protection from the direct rays of the sun and the direct effect of wind and rain
152 and is of sufficient size and/or number to provide enough space for each animal to
153 comfortably stand up, sit down, lie down and turn around in the shelter simultaneously.
154 3-1-33. Livestock shall have access to dry ground at all times.
155 3234. Livestock shall be provided access to an appropriately fenced open area for routine
156 exercise.
157 335. Livestock must be securely confined and not permitted to run at large.
158 3436. Livestock shall not be left unattended while tethered.
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159 3537. Equine and ovine shall have hooves trimmed so as to prevent lameness and extreme
160 overgrowth.
161 3638. Equine must have documentation by a licensed veterinarian certifying that the equine
162 has been tested for Equine Infectious Anemia (Coggins test) within the preceding
163 twelve-month period.
164 3739. Animals other than those specifically enumerated herein shall be cared for pursuant to
165 general guidelines and accepted animal husbandry standards for each species.
166 40. All animals must be given a humane existence and shall at all times be maintained in
167 accordance with Section Eleven of the Collier County Animal Control Ordinance
168 Animal Care; Manner of Keeping, as may be amended.
169 SECTION FOUR: Regulations for Animal-Related Businesses and Organizations.
170 A. Posting of Permit. Each animal-related business and organization will prominently display
171 a current, valid county animal services-issued operational permit.
172 B. Safety.
173 1. Each animal-related business and organization which accepts privately owned animals
174 into its custody shall report to animal services any obvious case of neglect or animal
175 abuse pursuant to the Collier County Animal Control Ordinance, these Standards, or
176 F.S. ch. 828, "Cruelty to Animals." Animal services' phone number shall be posted in a
177 prominent location.
178 2. Each animal-related business and organization will post emergency contact information
179 in a prominent place visible from the exterior of the main entrance to the premises. If an
180 animal-related organization is located in a premises used primarily as a residence, this
181 contact information does not need to be prominently posted, but must be kept current
182 and on file with animal services, the local law enforcement entity, and the local fire
183 department. This contact shall be available at all hours in case of emergencies or other
184 enforcement-related matters.
185 3. Each animal-related business and organization shall have a written disaster plan to
186 address both immediate and noticed evacuation of all animals in case of an emergency
187 to include a diagram to evacuate all animals in case of a fire or other emergency or
188 disaster. This plan shall be posted in a prominent location.
189 4. Each animal-related business and organization shall have a working telephone available
190 at all times in case of an emergency. The name of the establishment's veterinarian and
191 the veterinarian's phone number shall be posted in a prominent location.
192 5. Each animal-related business and organization shall provide for adequate rodent and
193 insect control.
194 C. Records.
195 1. aAnimal-related businesses and organizations shall keep records on all animals
196currently bred, born, boarded, surrendered, housed and/or being
197 trained. These records shall be maintained on each animal individually.
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198 2. The information in these records shall include but not be limited to rabies vaccination,
199 all other inoculations and prescription or medical treatments administered.
200 3. Where the animal-related business and organization has a duty to care for, but not a
201 right of ownership in the animal, records shall also include the owner's name, address,
202 emergency telephone number, owner's proof of identification, and name and telephone
203 number of owner's veterinarian. In addition, a medical release must be obtained from
204 the owner or his designee for each animal and shall become part of the animal's record
205 so that emergency treatment can be given if the animal shows signs of illness or is
206 injured while in the care and custody of the animal-related entity.
207 ...- - - .. ... ..
208 ._ . .. .. - • . . , . .. . The
209 above information shall be available to the inspecting officer upon request.
210 4. Where the animal-related business and organization has a right of ownership in the
211 animal,records shall indicate where the animal was obtained.
212 5. A copy of a current (within the previous twelve months) negative Coggins test (equine
213 infectious anemia) shall be on record for each equine (except nursing foals). No equine
214 shall be accepted for board unless a current (within the past twelve months) negative
215 Coggins test record is produced by the owner.
216 6. All records as described herein shall be kept for a period of two years.
217 7. All records shall be made available to the inspecting officer upon request.
218 8. Animal-related businesses and organizations which fail to obtain licensed veterinary care
219 or show proof of same, for any sick or injured animal found in the establishment's
220 custody may be charged for violating Section Eleven of the Collier County Animal
221 Control Ordinance Animal Care; Manner of Keeping and/or Section Twelve, as may be
222 amended. Proof of adequate, timely, veterinary care must be provided to the inspecting
223 officer upon request.
224 D. Groomers
225 1. Clippers, combs, brushes and any other equipment shall be sanitized after each animal
226 grooming.
227 2. Animals shall not be left unattended while tethered to grooming stations.
228 3. Clean, separate drying towels shall be used for each individual animal groomed.
229 4. Tepid water must be used for the purpose of washing dogs and cats. Cold water is not
230 acceptable.
231 5. Grooming bathtubs shall be sanitized after each animal grooming. Grooming bathtubs
232 shall be maintained free of mold and mildew.
233 6. Clippers, dryers, combs,brushes and any other grooming equipment shall be maintained
234 in good repair so that they are appropriate for the intended safe use per the
235 manufacturers' or suppliers' instructions.
236
237
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238 E. Long-term Nonresidential (Institutional)Housing of Dogs.
239 1. Dogs maintained in a nonresidential setting for a period longer than three months shall
240 be afforded protective measures. The responsible party shall notify animal services
241 regarding all dogs maintained in a nonresidential setting for longer than three months
242 and shall comply with the following requirements:
243 a. A veterinarian will examine the animal once every six months. Dogs not
244 maintained on a heartworm preventative program shall be given an occult
245 heartworm test and started on preventative or treated for same.
246 b. A professional behaviorist or trainer will evaluate the animal once every three
247 months and recommend a behavioral enrichment program.
248 c. The dog will receive a minimum of fifty minutes of play, interaction, grooming
249 and/or training each week or the care stipulated by the recommended behavioral
250 enrichment program, whichever is more stringent. Dogs with medical conditions
251 prohibiting play or training sessions shall be excluded from this requirement upon
252 written certification of the medical condition by a licensed veterinarian.
253 d. Records shall be kept evidencing compliance with the above.
254 F. Pet Stores, Pet Shops and Pet Dealers
255 1. Each animal shall be examined daily for signs of illness or injury. Any suspected illness
256 or injury shall be reported to the owner or manager of the establishment immediately.
257 Any sick animal shall be immediately isolated from other animals. All bedding material
258 and feces in a sick animal's cage shall be removed and disinfected or discarded. Display
259 areas, holding crates, cages or animal enclosures, trays and feeding equipment used by a
260 sick animal shall be disinfected immediately.
261 2. All animals that show signs or symptoms of injury, contagious or infectious disease shall
262 be seen by a veterinarian within twenty-four (24) hours and at least one (1) other time
263 prior to being sold to certify that they are free from illness or injury.
264 3. All animals other than dogs and cats (i.e., rabbits, gerbils, hamsters, guinea pigs, all other
265 rodents, birds, and reptiles) shall be cared for pursuant to general guidelines and
266 accepted animal husbandry standards for each species.
267 4. Animals (other than water dependent species) shall not be directly exposed to water or
268 disinfectant and shall be removed from animal enclosures during cleaning procedures.
269 Water dependent species shall not be directly exposed to disinfectant and shall be
270 removed from tanks during cleaning procedures.
271 G. Exemption for rescue organizations, animal rescue groups, animal-related organizations,
272 adoption shelters.
273 1. A pet shop or pet store that allows a humane society, private nonprofit animal
274 organization, animal rescue organization or shelter to use their premises for the purpose
275 of making animals available for adoption shall be exempt from the provisions of
276 subsection (D) with respect to such animals, provided the pet shop or pet store does not
277 have an ownership interest in such animals and the provisions of all other applicable
278 sections are followed. In addition, the pet shop or pet store shall post conspicuously on
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279 the cage or enclosure of each dogand cat offered for adoption, a written notice in twelve-
280
point or greater type identifying the humane society, private nonprofit animal
281 organization, animal rescue organization or shelter from which the dog or cat may be
282 adopted, the breed, the sex, the age, the relevant information known about the dog or cat
283 and that the dog or cat must be sterilized prior to adoption.
284 H. Minimum operational standards for pet shops and pet dealers.
285 L For each dog and cat transported into the County from outside of the State of Florida for
286 sale, the tests, vaccines, and anthelmintics required by this chapter must be administered
287 by or under the direction of a veterinarian, licensed by the state of origin and accredited
288 by the United States Department of Agriculture, who issues the Official Certificate of
289 Veterinary Inspection (OCVI). The tests, vaccines, and anthelmintics must be
290 administered no more than thirty (30) days and no less than fourteen(14)days before the
291 dog or cat's entry into the State of Florida. An OCVI certifying compliance with this
292 chapter must accompany each dog and cat transported into Collier County for sale.
293 2. Dogs, cats, puppies, and kittens acquired for resale must be examined by a licensed
294 veterinarian within five business days of physical acquisition.
295 3. Dogs, cats,puppies, and kittens transported into Collier County or offered for sale, trade.,
296 or in order to receive any compensation for,must be at least eight weeks of age.
297 4. Dogs, cats, puppies and kittens offered for sale, trade, or in order to receive any
298 compensation for must be accompanied by an Official Certificate of Veterinary
299 Inspection (OCVI) at all times while being offered for sale, trade, or in order to receive
300 any compensation for within Collier County. The examining veterinarian must retain one
301 (1) copy of the OCVI on file for at least one(1)year after the date of examination.
302 5. Each OCVI shall contain records for only one (1) dog or cat and must contain the
303 following information:
304 a. The date of the examination by the examining veterinarian.
305 b. The examining veterinarian's license number.
306 c. The examining veterinarian's signature.
307 d. The age,breed, sex,color and any distinguishing marks of the animal.
308 e. The health record of the animal.
309 f Any tests performed and their results, and any vaccinations or other treatments
310 administered, including vaccine type, lot number, expiration date, and date of
311 administration, including those not specifically enumerated below.
312 g A statement that the examining veterinarian warrants, to the best of his knowledge,
313 that the dog or cat has no sign of contagious or infectious diseases and has no
314 evidence of internal or external parasites, including coccidiosis and ear mites, but
315 excluding fleas and ticks.
316 h. A statement concerning whether or not the examining veterinarian has detected any
317 physical abnormalities in the dog or cat, including but not limited to a heart murmur,
318 and umbilical hernia, entropian, and inguinal hernia,and cryptorchidism.
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319 i. The printed or typed names and addresses of the person or business from whom the
320 dog or cat was obtained, the consignor or seller, the consignee or purchaser, and the
321 examining veterinarian.
322 jBe completed in a legible manner.
323 6. The OCVI must document that the following inoculations, tests, and treatments have
324 been administered, unless the veterinarian certifies on the OCVI that to inoculate or
325 deworm the animal is not in the best medical interest of the animal, in which case the
326 vaccine or anthelmintic may not be administered to that particular animal:
327 a. For dogs or puppies:
328 i. Vaccination against canine distemper, leptospirosis, bordetella, parainfluenza,
329 hepatitis, and canine parvovirus. A rabies inoculation must be provided for any
330 dog over three months of age.
331 ii. Diagnostic tests to detect the following internal parasites: hookworms.,
332 roundworms,whipworms,tapeworms, coccidia and giardia. Heartworm detection
333 must occur for dogs six months of age or older. Appropriate treatment for all
334 positive findings must be documented.
335 b. For cats or kittens:
336 i. Vaccination against panleukopenia, feline viral rhino tracheitis, and calici virus. A
337 rabies inoculation must be provided for any cat over three months of age.
338 ii. Diagnostic tests to detect the following internal parasites: hookworms,
339 roundworms, tapeworms and coccidia. Appropriate treatment for all positive
340 findings must be documented.
341 iii. Diagnostic test to detect Feline Leukemia with the result listed on the OCVI.
342 7. If the animal is less than four months of age, the tests, vaccines, and anthelmintics
343 required above must be administered no more than twenty-one days before sale within
344 the county. If the animal is four months of age or older, the tests, vaccines, and
345 anthelmintics required above must be administered at or after three months of age, but
346 no more than one year before sale, trade, or in order to receive any compensation for
347 within Collier County.
348 8. The sale, trade, or offer to receive any compensation of the dog, cat, puppy, or kitten
349 shall take place no more than thirty days after the OCVI has been issued.
350 9. If a dog, cat, puppy, or kitten is not sold within thirty days of the issuance of the OCVI,
351 then a new examination and OCVI must be obtained.
352 10. All dogs, cats,puppies and kittens offered for sale, trade, or to receive any compensation
353 for, must be implanted with a microchip.
354 11. An OCVI that does not meet the above-cited requirements shall not comply with this
355 section. The pet shop or pet dealer shall ensure that the OCVI is properly completed with
356 all relevant information.
357 12. It shall be a violation of this section to falsify any information provided in any OCVI.
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358 13. All dogs and cats offered for sale and copies of OCVI's held by a pet shop, pet dealer or
359 veterinarian are subject to inspection by any agent of the Division, the Department of
360 Agriculture and Consumer Services, any agent of the United States Department of
361 Agriculture, any law enforcement officer, or any agent appointed under Florida Statutes
362 § 828.03.
363 14. It shall be unlawful for any pet shop or pet dealer to obtain a dog or cat from any source,
364 including but not limited to a breeder or dealer, if the source or, an owner, operator or
365 employee of the source:
366 a. Has been convicted of cruelty to animals under any Federal, State or local law.
367 b. Has had a final judgment entered against it/him/her based upon a finding of animal
368 neglect or mistreatment pursuant to Florida Statutes §828.073 or comparable statute.
369 c. Has been permanently enjoined from breeding, selling, handling, transporting or
370 dealing in dogs or cats by any court.
371 d. Whose license/permit issued by any local government, State, or Federal government
372 to breed, sell, handle, transport or otherwise deal in dogs or cats is suspended or
373 revoked.
374 e. Has received a finally determined citation for any "direct" noncompliance violation
375 as indicated on any United States Department of Agriculture inspection report at any
376 time during the prior three(3)years.
377 f. Has received a finally determined citation for failure to provide a United States
378 Department of Agriculture inspector access to property, animals or records as
379 required by 9 CFR § 2.126, unless a subsequent inspection has been performed at
380 which no direct or indirect violations were found by the inspector.
381 g_ Has received three (3) or more finally determined noncompliance citations for
382 violations other than "direct" noncompliance or a violation of 9 CFR § 2.126 at any
383 time during the prior three(3)years.
384 h. Has received a finally determined repeat noncompliance citation at any time during
385 the prior three (3)years.
386 i. Has received a finally determined cease and desist order pursuant to 7 U.S.C. $ 2149
387 at any time during the prior three(3)years.
388 15.No dog or cat shall be released to a consumer that has not been sterilized by a licensed
389 veterinarian. However, this requirement shall not apply to a consumer who provides to a
390 pet shop or pet dealer, a letter from a licensed veterinarian, dated within the immediately
391 preceding ten days, and setting forth the medical reason(s) why, in the opinion the
392 veterinarian, the dog or cat should not be sterilized prior to purchase, not to exceed one
393 (1)year of age. The letter shall state that the veterinarian will sterilize the dog or cat, at
394 the request of the purchaser/owner, on or before the date specified in the letter. The
395 purchaser/pet owner shall provide the pet shop/pet dealer a certificate, in such form and
396 manner as determined by rules promulgated by the Division, stating the date on which
397 such sterilization was performed. The purchaser/pet owner must sterilize the animal by
398 the date indicated in the letter, but shall not exceed one year from the date of birth of the
399 dog or cat.
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400 I. Records.
401 1. Pet shops and pet dealers shall maintain records of each animal acquired for sale. Such
402 records shall include the name address, telephone number, and email address of the
403 source of the animal, the animal's date of birth, and date the animal was received for two
404 years following the date of acquisition.
405 2. Pet shops and pet dealers shall maintain a separate record of each animal sold or
406 otherwise conveyed, containing the breed, sex, color, and identifying marks of the
407 animal; all OCVIs and medical records for each animal; the name and address of the
408 purchaser or new owner; and the number of the microchip implanted in the animal. If the
409 disposition of the animal is not through sale, the records shall indicate the type and date
410 of disposition, including the name and address of any subsequent owner, if one exists.
411 3. A complete record of any medical treatment or medication provided to or recommended
412 for each dog or cat by a veterinarian and any medical diagnosis made by a veterinarian
413 concerning each dog or cat up to the point of sale. If such information is contained in an
414 OCVI, the OCVI shall be sufficient; if not, the pet shop or pet dealer shall obtain a copy
415 of each dog or cat's medical records from the veterinarian.
416 4. A record of any known disease, illness, or congenital or hereditary condition that
417 adversely affects the health of the dog or cat at the time of sale or is likely to adversely
418 affect the health of the dog or cat in the future.
419 5. If a dog or cat dies while in the possession of a pet shop or pet dealers, the pet shop/pet
420 dealer shall secure the services of a licensed veterinarian to determine the cause of death
421 or suspected cause of death. The veterinarian shall document the date of death and
422 known or suspected cause of death on an OCVI or death certificate.
423 6. Every pet shop and pet dealer shall maintain records of dog and cat sales, sterilization
424 procedures performed at the request of the pet shop/pet dealer, and veterinarian letters
425 and certificates received before and after purchase, and shall retain such records, letters
426 and certificates for a period of two years. These records shall be forwarded to animal
427 services on a monthly basis, by the fifteenth of the month, for each dog and cat sold
428 during the previous month.
429 7. Records indicating the disposition of all animals shall be forwarded to animal services on
430 a monthly basis, by the fifteenth of the month, for each dog and cat sold, disposed of or
431 that died during the previous month. The records shall include the following:
432 a. A copy of each OCVI that has been completed for such dog or cat;
433 b. The name, physical address (no P.O. boxes), USDA license number and state and
434 local license number, if applicable,of every breeder,dealer, intermediate handler and
435 carrier that has owned,possessed or handled the dog or cat.
436 c. The date each dog and cat was obtained;
437 d. The date each dog and cat was sold, died, or was otherwise disposed of by the pet
438 shop or pet dealer; and
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439 e. The name,physical address (no P.O. boxes), and telephone number of the purchaser
440 and owner (if different from the purchasers of each dog and cat sold during that
441 month, including the RFID number,breed, color, sex, and age of each dog and cat.
442 8. Pet shops and pet dealers shall maintain records at each store, of the past two years of
443 unredacted United States Department of Agriculture inspection reports, and provide
444 these records to all purchasing customers,prior to the final sale of the animal.
445 9. All records, required to be maintained, shall be made available, including unredacted
446 United States Department of Agriculture inspection reports, to the inspecting officer
447 upon request.
448 J. Notices and Disclosures.
449 1. Pet shops and pet dealers shall post in a conspicuous location on the cage or enclosure of
450 each dog and cat offered for sale a written notice in twelve-point or greater type
451 identifying the following:
452 a. Breed, sex, date of birth of each dog and cat, any illnesses found by the veterinarian
453 during the most recent examination.
454 b. Microchip identification number.
455 c. Name of breeder, address, city, and state.
456 d. United States Department of Agriculture number and state and local license number,
457 if applicable, of every breeder,dealer, intermediate handler, and carrier that has
458 owned,possessed or handled the dog or cat.
459
460 2. Each pet shop and pet dealer shall post a notice, clearly visible to theieneral public, in
461 close proximity to the cages or enclosures where dogs and cats are offered for sale, the
462 notice must be in at least fifty-point type,containing the following language:
463 "Notice to consumers: Before purchasing a dog or cat you may request information
464 concerning each dog or cat's health,medical history,and the source from which the
465 dog or cat was obtained. Upon your request,the pet shop or pet dealer is required to
466 show you these records before you purchase a dog or cat and to give you a copy of
467 these records when you purchase a dog or cat."
468 3. Photographs and/or videos of all breeding facilities from which the pet shop/pet dealer
469 obtains dogs, cats,puppies, or kittens, shall be maintained at the store and available to
470 view upon request,by the Division.
471 4. Photographs of all adult parents.Ex. sire or dam for each puppy.
472
473 5. At the time of sale,pet shops and pet dealers must provide the purchaser with:
474 a. A copy of the complete record pertaining to the individual animal as described
475 above:
476 b. Literature approved by animal services outlining the provisions of the Collier County
477 Animal Control Ordinance; and
478 c. A copy of F.S. § 828.29, Dogs and cats transported or offered for sale; health
479 requirements; consumer guarantee.
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480 6. The above information must be provided to prospective purchasers upon request.
481 K. Pet Lemon Law.
482 1. A dog or cat that is purchased from a pet shy or pet dealer shall be considered unfit for
483 purchase if any of the following apply:
484 a. Within fourteen (14) days following the sale of a dog or cat by a pet shop or pet
485 dealer a licensed veterinarian of the purchaser's choosing certifies that, at the time of
486 the sale, the dog or cat was unfit for purchase due to illness or disease, the presence
487 of symptoms of a contagious or infectious disease, or the presence of internal or
488 external parasites, excluding fleas and ticks.
489 b. Within one (1) year following the sale of a dog or cat, a licensed veterinarian of the
490 purchaser's choosing certifies such dog or cat to be unfit for purchase due to a
491 congenital or hereditary disorder that adversely affects the health of the dog or cat.
492 c. Within one (1) year following the sale of a dog or cat, the breed, sex, or health of
493 such dog or cat is found to have been misrepresented.
494 2. If a dog or cat is unfit for purchase for any of the above-cited reasons, the pet shop or pet
495 dealer shall afford the purchaser the right to choose the following options:
496 a. The right to return the dog or cat and receive a refund of the purchase price, including
497 the sales tax, and reimbursement for reasonable veterinary costs directly related to the
498 veterinarian's examination and certification that the dog or cat is unfit for purchase
499 pursuant to this chapter and directly related to necessary emergency services and
500 treatment undertaken to relieve suffering:
501 b. The right to return the dog or cat and receive an exchange dog or cat of the
502 purchaser's choice of equivalent value, and reimbursement for reasonable veterinary
503 costs directly related to the veterinarian's examination and certification that the dog or
504 cat is unfit for purchase pursuant to this section and directly related to necessary
505 emergency services and treatment undertaken to relieve suffering; or
506 c. The right to retain the dog or cat and receive reimbursement for reasonable veterinary
507 costs for necessary services and treatment related to the attempt to cure or curing of
508 the dog or cat.
509 3. Reimbursement for veterinary costs may not exceed the purchase price of the dog or cat.
510 The cost of veterinary services is reasonable if comparable to the cost of similar services
511 rendered by other licensed veterinarians in proximity to the treating veterinarian and the
512 services rendered are appropriate for the certification by the veterinarian.
513 4. The refund or exchange required by this chapter shall be made by the pet shop or pet
514 dealer not later than ten (10) business days following receipt of a signed veterinary
515 certification as required in this chapter. The purchaser must notify the pet shop or pet
516 dealer within a reasonable time after the veterinarian's determination that the animal is
517 unfit and must provide the pet shop or pet dealer not later than 3 business days following
518 receipt thereof by the consumer.
519 5. A dog or cat may not be determined unfit for sale on account of an injury sustained or
520 illness contracted after the purchaser takes possession of the dog or cat. A veterinary
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521 finding of intestinal or external parasites is not grounds for declaring a dog or cat unfit for
522 sale unless the dog or cat is clinically ill because of that condition.
523 6. If a pet shop or pet dealer wishes to contest a demand for veterinary expenses, refund, or
524 exchange made by a purchaser under this section, the pet shop or pet dealer may require
525 the purchaser to produce the dog or cat at a mutually agreed upon time and place for
526 examination by a licensed veterinarian designated by the pet shop or pet dealer. Upon
527 such examination, if the purchaser and the pet shop or pet dealer are unable to reach an
528 agreement that constitutes one (1) of the options set forth in this section within ten (10)
529 business days following examination by the pet shop or pet dealer's designated
530 veterinarian, the purchaser may initiate an action in a court of competent jurisdiction to
531 recover or obtain reimbursement of veterinary expenses,refund, or exchange.
532 7. No pet shop or pet dealer shall require or attempt to require a purchaser to sign a contract
533 or agreement to waive any of the rights provided by this chapter. Any contract or
534 agreement in which a purchaser agrees to waive any rights provided under this chapter
535 shall be null and void and unenforceable.
536 8. This chapter does not in any way limit the rights or remedies that are otherwise available
537 to a purchaser under any other law.
538 9. No pet shop or pet dealer shall require the purchaser of a dog or cat to use the pet
539 shop/pet dealer's veterinarian in order to receive a refund or exchange required by this
540 chapter.
541 10. If a purchaser requests a refund or requests to return or exchange a dog or cat pursuant to
542 this chapter, each pet shop and pet dealer shall maintain all records related to the
543 purchaser's request for a period of two (2) years from receipt of such records and shall
544 provide a copy of the purchaser's request to the Division in the monthly disposition
545 report.
546 11. All pet shops must comply with any applicable provisions of F.S. § 828.29 Dogs and cats
547 transported or offered for sale; health requirements; consumer guarantee. Where any
548 conflict exists between these standards and this section,the more restrictive shall apply.
549 12. This section does not in any way limit the rights or remedies that are otherwise available
550 to a consumer under any other law.
551 L. Additional Housing requirements
552 1. Pet shops and pet dealers must provide each of the following:
553
554 a. Flooring_of primary enclosures for dogs, cats, puppies, and kittens that is constructed
555 of a solid surface or rubberized or coated material (e.g., Tenderfoot) to offer proper
556 health and cleaning procedures. Ex. No wire or material that can affect the animal's
557 feet.
558 b. An insolation enclosure with separate ventilation that allows a dog, cat, puppy, or
559 kitten to be kept separately from other animals, while under veterinarian-directed
560 observation.
561 c. Climate controls that ensure temperatures in animal enclosures are always kept
562 between 67 to 78 degrees Fahrenheit, at all times. Pet shops must keep daily logs of
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563 temperatures in animal enclosures. If, for whatever reason, temperatures fall outside
564 the reQuired range, a corrective action detailing steps taken to adjust temperatures
565 shall be maintained at each store for two years and available upon request, by the
566 Division.
567 d. A Florida licensed veterinarian that visits the pet shop at least three times a week to check
568 on the health and overall well-being of the animals. A record of the visits including the
569 veterinarians name, and contact information, shall be maintained at each store for two
570 years and available upon request by the Division.
571 e. A dog trainer that visits the pet shop at least once a week to assist with any behavioral or
572 training issues. A record of the visits including_the veterinarians name, and contact
573 information, shall be maintained at each store for two years and available upon request by
574 the Division.
575 f. Socialization and enrichment of puppies at least two times a day for thirty minutes each,
576 and a log must be kept of the daily activities per puppy. A record of the visits including
577 the veterinarians name, and contact information, shall be maintained at each store for two
578 years and available upon request by the Division.
579 g_ Animals having a known or suspected communicable animal-to-human or animal-to-
580 animal disease shall be maintained in individual cages in an isolated location where they
581 cannot directly or indirectly come into contact with other animals or the public.
582 h. State and County health regulations must be followed when caring_for any animal
583 harboring an animal-to-human disease.
584 M. Exemptions. Animal services, humane societies, and 501(c43 rescue organizations shall be
585 exempt from the provisions of this section.
586 SECTION FIVE: Regulations for Rodeos.
587 A. Posting of Permit. The operator of a rodeo will prominently display a current, valid county
588 animal services-issued operational permit.
589 B. Safety.
590 1. The operator of a rodeo shall report to animal services any obvious case of neglect or
591 animal abuse pursuant to the Collier County Animal Control Ordinance, these
592 Standards, or F.S. ch. 828, "Cruelty to Animals." Animal services' phone number shall
593 be posted in a prominent location.
594 2. The operator of a rodeo event shall meet all fire safety requirements in accordance with
595 the local fire and zoning regulations.
596 3. The operator of a rodeo shall have a written emergency plan to address, as is necessary,
597 inclement weather, veterinary medical emergencies, attendee safety, and crowd control.
598 This plan shall be posted in a prominent location.
599 C. Public Awareness. The operator of a rodeo event shall make available to attendees literature
600 to be provided by animal services outlining the provisions of the Collier County Animal
601 Control Ordinance.
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602 D. Rodeo Regulations.
603 1. The operator of a rodeo shall provide animal services with:
604 a. A diagram of the arena, showing location of the chutes, catch chutes, and pens; a
605 list of all proposed events and acts; and a copy of the rules and regulations which
606 will govern the conduct of the contestants and events;
607 b. The name and contact information of a veterinarian who will be available for all
608 shows; and
609 c. Evidence of testing for infectious equine anemia within the previous immediate
610 twelve(12)months,with negative results for all equine.
611 2. The operator of a rodeo shall ensure that:
612 a. A licensed veterinarian shall be available for all shows;
613 b. An ambulance and medical attendants shall be available on the grounds for
614 emergency purposes;
615 c. Any tack, equipment, device, substance or material that is injurious or could cause
616 unnecessary cruelty is prohibited;
617 d. All stock is strong, healthy, and physically sound in order to perform in the
618 assigned events;
619 e. Chutes are so constructed as to prevent injury to the stock, and that the arena is free
620 of rocks, holes, and all obstacles which could cause injury to animals or
621 contestants;
622 f. All flank straps and equipment is removed from stock in catch chutes as soon as
623 possible and that injured animals remain in the catch chute until examined and
624 released by the attending veterinarian; and
625 g. Rowels on spurs of all contestants are short, dull, and free to revolve.
626 SECTION SIX: Regulations for Breeders and-Pet-Shops,
627 A. Permit Notification.
628 1. The appropriate permit number shall be provided on all advertisements and promotions
629 concerning the sale or give-away of an animal.
630 2. The appropriate permit number shall be provided to all persons who buy or accept
631 ownership of an animal.
632 B. Requirements for Sale, trade, give away, or conveyance of Dogs and Cats.
633 1. Dogs, cats, puppies, and kittens acquired for resale must be examined by a licensed
634 veterinarian within five business days of physical acquisition.
635 2. Dogs, cats, puppies, and kittens offered for sale, give away, or to otherwise convey
636 must be at least eight weeks of age, with the exception of animals taken to an animal
637 shelter-
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638 3. Dogs, cats, puppies and kittens offered for sale, trade, give away, or to otherwise
639 convey., must be accompanied by an Official Certificate of Veterinary Inspection
640 (DCVI) The breeder must retain one (1) copy of the OCVI on file for at least one (1)
641 year after the date of examination.
642 4. The Each OCVI shall contain records for only one (1) dog or cat and must contain the
643 following information:
644 a. The date of the examination by the examining veterinarian.
645 b. The examining veterinarian's license number.
646 c. The examining veterinarian's signature.
647 d. The age, breed, sex, color, and any distinguishing marks of the animal.
648 e. The health record of the animal.
649 f. Any tests performed and their results, and any vaccinations or other treatments
650 administered, including vaccine type, lot number, expiration date, and date of
651 administration, including those not specifically enumerated below.
652 g. A statement that the examining veterinarian warrants, to the best of his knowledge,
653 that the dog or cat has no sign of contagious or infectious diseases and has no
654 evidence of internal or external parasites, including coccidiosis and ear mites, but
655 excluding fleas and ticks.
656 h. A statement concerning whether or not the examining veterinarian has detected any
657 physical abnormalities in the dog or cat, including but not limited to a heart
658 murmur, and umbilical hernia, entropian, and inguinal hernia, and cryptorchidism.
659 i. Be completed in a legible manner.
660 5. The OCVI must document that the following inoculations, tests, and treatments have
661 been administered, unless the veterinarian certifies on the OCVI that to inoculate or
662 deworm the animal is not in the best medical interest of the animal, in which case the
663 vaccine or anthelmintic may not be administered to that particular animal:
664 a. For dogs or puppies:
665 i. Vaccination against canine distemper, leptospirosis, bordetella, parainfluenza,
666 hepatitis, and canine parvovirus. A rabies inoculation must be provided for any
667 dog over three months of age.
668 ii. Diagnostic tests to detect the following internal parasites: hookworms,
669 roundworms, whipworms, tapeworms, coccidia and giardia. Heartworm
670 detection must occur for dogs six months of age or older. Appropriate
671 treatment for all positive findings must be documented.
672 b. For cats or kittens:
673 i. Vaccination against panleukopenia, feline viral rhino tracheitis, and calici
674 virus. A rabies inoculation must be provided for any cat over three months of
675 age.
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676 ii. Diagnostic tests to detect the following internal parasites: hookworms,
677 roundworms, tapeworms and coccidia. Appropriate treatment for all positive
678 findings must be documented.
679 iii. Diagnostic test to detect Feline Leukemia with the result listed on the OCVI.
680 6. If the animal is less than four months of age, the tests, vaccines, and anthelmintics
681 required above must be administered no more than twenty-one days before sale within
682 the county. If the animal is four months of age or older, the tests, vaccines, and
683 anthelmintics required above must be administered at or after three months of age, but
684 no more than one year before sale,trade, give away,or conveyance within the county.
685 7. The sale, trade, give away, or conveyance of the dog, cat, puppy, or kitten shall take
686 place no more than thirty days after the OCVI has been issued.
687 8. If a dog, cat, puppy, or kitten is not sold, given away, or conveyed within thirty days of
688 the issuance of the OCVI,then a new examination and OCVI must be obtained.
689 9. All dogs, cats, puppies and kittens offered for sale, trade, give away, or to otherwise
690 convey must be implanted with a microchip.
691 10. Adhere to minimum standards regarding the care and manner of keeping of animals as
692 provided in Section Eleven of the Collier County Animal Control Ordinance, Animal
693 Care; Manner of Keeping( 14-36 herein),as may be amended.
694 11. Allow the Division to inspect the premises quarterly wherein an animal that is the
695 subject of a breeder permit is maintained and to view any animal that is subject of the
696 permit. All reports of such inspections shall be maintained by the Division.
697 12. Commercial breeders shall comply with section four(14-79),of this ordinance.
698 C. Records.
699 1. Breeders shall maintain records of each litter of puppies and kittens born. Such records
700 shall include the date of birth, number of puppies or kittens and litters born, and the
701 license tag number of each parent.
702 . I . . ., • . _. . . . . :•: .' . . . . _ _. . •.
703 • . . _ _ .. _ .. . _. _ . . . - .
704 date tho .,l . o eye
705 3 2. Breeders and-ped-sheps shall maintain a separate record of each animal sold, given
706 away, or otherwise conveyed,containing the breed, sex, color, and identifying marks of
707 the animal; all OCVIs and medical records for each animal;the name and address of the
708 purchaser or new owner; and the number of the microchip implanted in the animal. If
709 c , _ - ._ .,
710 . . _ .. .. _ . . . _ . . .. _ _. . . •• , '
711 oxists.
712 4-3. If a dog or cat dies while in the possession of a breeder er-pet-shep, the breeder or pet
713 shep-shall secure the services of a licensed veterinarian to determine the cause of death
714 or suspected cause of death. The veterinarian shall document the date of death and
715 known or suspected cause of death on an OCVI or death certificate.
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716 $ 4. ' _ _. .- . ,, . . .,
717 eOn a quarterly basis, the name, address, and telephone number of the new owner, and
718 RFID number of any dog, cat,puppy, or kitten placed or a notice that no animal was sold
719 given away,or otherwise conveyed during the quarter shall be provided to the Division.
720 6 5. All records as described herein shall be kept for a period of two years.
721 7 6. All records shall be made available to the inspecting officer upon request.
722 D. Disclosures.
723 1. At the time of sale, give away, or conveyance.,breeders and--peps must provide the
724 purchaser or new owner with:
725 a. A copy of the complete record pertaining to the individual animal as described
726 above;
727 b. Literature te-be-provided approved by animal services outlining the provisions of
728 the Collier County Animal Control Ordinance; and
729 c. A copy of F.S. § 828.29, Dogs and cats transported or offered for sale; health
730 requirements; consumer guarantee.
731 2. The above information must be provided to prospective purchasers upon request.
732 E. Pet Lemon Law.
733 1. All breeders and pet shops must comply with any applicable provisions of F.S. § 828.29
734 Dogs and cats transported or offered for sale; health requirements; consumer guarantee.
735 Where any conflict exists between these standards and this section, the more restrictive
736 shall apply.
737 2. This section does not in any way limit the rights or remedies that are otherwise
738 available to a consumer under any other law.
739 F. Exemptions. Animal services, humane societies, and 501(c)3 rescue organizations shall be
740 exempt from the provisions of this section.
741 SECTION SEVEN: Penalties.
742 Failure to abide by this Ordinance may result in penalties as set forth in Section Thirteen
743 Fifteen of the Collier County Animal Control Ordinance or denial, revocation, or suspension of
744 an entity's County-issued license as provided in Section Twelve Fourteen of the Collier County
745 Animal Control Ordinance. Any person who receives a citation may appeal it as set forth in
746 Section Fifteen. Any person has been denied a permit or whose permit has been revoked or
747 suspended may appeal the action as set forth in Section Fourteen. in a court of competent
748 • -•- • , . • , . , _., .... .. - . . • .
749
750 SECTION TWO: Conflict and Severability.
751 In the event this Ordinance conflicts with any other ordinance of Collier County or other
752 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
753 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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754 separate, distinct and independent provision and such holding shall not affect the validity of the
755 remaining portion.
756
757 SECTION THREE: Inclusion in the Code of Laws and Ordinances.
758 The provisions of this Ordinance shall become and be made a part of the Code of Laws
759 and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
760 or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
761 "article," or any other appropriate word.
762
763 SECTION FOUR: Effective Date.
764 This Ordinance shall become effective upon receipt of notice from the Secretary of State
765 that this Ordinance has been filed with the Secretary of State.
766
767 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
768 County,Florida,this day of , 2020.
769
770 ATTEST: BOARD OF COUNTY COMMISSIONERS
771 CRYSTAL K.KINZEL, Clerk COLLIER COUNTY, FLORIDA
772
773
774 By: By:
775 , Deputy Clerk BURT L. SAUNDERS, CHAIRMAN
776
777
778 Approved as to form and legality:
779
780
781
782 Kevin L.Noell
783 Assistant County Attorney
784
785
f 20-DAS-00217/1521950/1]
Words Underlined are added;Words S ek—Through are deleted.
Page 20 of 20
98
Acct #324207
February 11, 2020
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Amending Ordinance 2013-33 The Animal Control Ordinance
& Ordinance 2013-55 The Standards of Care Pet Shops & Pet Dealers
Dear Legals:
Please advertise the above referenced notice on Thursday, February 13, 2020 and
kindly send the Affidavit of Publication, together with charges involved, to this
office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500204-056 4500200508
7
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners on February 25, 2020, in the Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center, 3299 Tamiami Trail East,Naples FL.,the Board of County Commissioners (BCC)
will consider the enactment of county Ordinances. The meeting will commence at 9:00 A.M. The titles of the
proposed Ordinances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE 2013-33, AS AMENDED, THE COLLIER COUNTY
ANIMAL CONTROL ORDINANCE, CODIFIED IN CHAPTER 14,ARTICLE II OF THE CODE
OF LAWS AND ORDINANCES,BY AMENDING SECTION THREE,DEFINITIONS; SECTION
TEN, GENERAL VIOLATIONS; SECTION ELEVEN, ANIMAL CARE; MANNER OF
KEEPING; SECTION FOURTEEN, STANDARDS OF CARE; SECTION FIFTEEN,
PENALTIES; SECTION SIXTEEN, DISPOSITION OF IMPOUNDED ANIMALS; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2013-55, RELATING TO THE STANDARDS OF
CARE FOR ANIMAL-RELATED BUSINESSES, ANIMAL-RELATED ORGANIZATIONS,
COMMERCIAL BREEDERS, NON-COMMERCIAL BREEDERS, AND RODEOS, AS
CODIFIED IN CHAPTER 14,ARTICLE IV OF THE CODE OF LAWS AND ORDINANCES,BY
AMENDING STANDARDS OF CARE; REGULATIONS FOR BREEDERS AND ADDING PET
SHOPS TO SECTION FOUR; ADDING REGULATORY LANGUAGE FOR PET SHOPS AND
PET DEALERS, ADDING OPERATIONAL STANDARDS FOR PET SHOPS AND PET
DEALERS, INCLUDING LANGUAGE REGULATING PET SHOPS AND PET DEALERS
FROM SECTION 828.29, FLORIDA STATUTES AS MAY BE AMENDED; ADDING AN
EXEMPTION FOR PET STORES AND PET SHOPS THAT OFFER SPACE TO ANIMAL
RESCUE GROUPS TO ADOPT ANIMALS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection. All
interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.
The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the
Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said
material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to
be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to
98
the public hearing. All materials used in presentations before the Board will become a permanent part of the
record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining
thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380,
at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
98
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, February 11, 2020 12:20 PM
To: Naples Daily News Legals
Subject: Ord Amending Ord 2013-33 &Ord 2013-55 Animal Control/Pet Shops/Dealers
Attachments: Amending Ord. 2013-33 Animal Control &Ord 2013-55 Commercial Breedes & Shops
(BCC 2-25-20).doc; Ord.Amending Ord. 2013-33 Animal Control &Ord. 2013-55
Commercial Breeders & Shops (2-25-20).doc
Importance: High
Hello,
Please advertise the following attached on Thursday, February 13th, 2020,
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
lt;,�r rx�;k� Office: 239-252-7240
,.�`o t` ;� Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
98
Martha S. Vergara
From: Gannett Legals Public Notices <GanLegPubNotices@gannett.com>
Sent: Tuesday, February 11, 2020 12:20 PM
To: Martha S. Vergara
Subject: DO NOT REPLY
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
This is an auto generated email, please do not reply.
The legal department has received your email and will be processing your notice as soon as possible.
We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running.
All Legal/Public Notices will be processed for the desired publication if received by deadline.
Office Hours: Monday—Friday 8:00 am -5:00 pm CST/EST
Thank you for your business.
Gannett Legal/Public Notice Department
1
9B
Martha S. Vergara
From: Gannett Legals Public Notices <GanLegPubNotices@gannett.com>
Sent: Tuesday, February 11, 2020 2:20 PM
To: Martha S. Vergara
Subject: RE: 4053927 - Ord Amending Ord 2013-33 & Ord 2013-55 Animal Control/Pet
Shops/Dealers
Attachments: OrderConf.pdf
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Martha,
Please find attached your order confirmation and proof of the ad.
Your ad is set to run in:
• Naples Daily News on Feb 13 $602.00
The total cost is$602.00, which includes an affidavit which will be mailed to you after the ad publishes. Please reply by
Feb 12 at 12 noon with changes of the ad. You will receive an affidavit 7-10 business days after the last day of printing.
Thanks,
Kia Thor
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
Office: 239-263-4700, option 3
From: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Sent:Tuesday, February 11, 2020 11:20 AM
To: NDN-Legals<legals@naplesnews.com>
Subject: 4053927 -Ord Amending Ord 2013-33 &Ord 2013-55 Animal Control/Pet Shops/Dealers
Importance: High
Hello,
Please advertise the following attached on Thursday, February 13`h, 2020,
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
1
98
N t 71 *Ill NI.F 11116
PART OF THE USA TODAY NETWORK
OFFICE OF THE COUNTY
3299 TAMIAMI TRL E#700
NAPLES FL 34112--574
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1306921 0004053927 $602.00 $0.00 $602.00 Invoice $0.00 $602.00
Sales Rep: kthor Order Taker: kthor Order Created 02/11/2020
Product #Ins Column Lines Start Date End Date
NDN-Naples Daily News 1 1.00 172 02/13/2020 02/13/2020
NDN-naplesnews.com 1 1.00 172 02/13/2020 02/13/2020
*ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
98
Text of Ad: 02/11/2020
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
ORDINANCES
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on
February 25, 2020, in the
Board of County Commission-
ers Meeting Room, Third
Floor, Collier Government
Center, 3299 Tamiami Trail
East, Naples FL., the Board of
County Commissioners (BCC)
will consider the enactment of
county Ordinances. The meet-
ing will commence at 9:00
k11/1. The titles of the pro-
posed Ordinances are as fol-
lows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDI-
NANCE 2013-33, AS AMEND-
ED,THE COLLIER COUNTY AN-
IMAL CONTROL ORDINANCE,
CODIFIED IN CHAPTER 14, AR-
TICLE II OF THE CODE OF
LAWS AND ORDINANCES, BY
AMENDING SECTION THREE,
DEFINITIONS; SECTION TEN,
GENERAL VIOLATIONS; SEC-
TION ELEVEN, ANIMAL CARE;
MANNER OF KEEPING; SEC-
TION FOURTEEN, STANDARDS
OF CARE; SECTION FIFTEEN,
PENALTIES; SECTION SIXTEEN,
DISPOSITION OF IMPOUNDED
ANIMALS; PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS
AND ORDINANCES; AND PRO-
VIDING FOR AN EFFECTIVE
DATE.
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDI-
NANCE NO. 2013-55, RELAT-
ING TO THE STANDARDS OF
CARE FOR ANIMAL-RELATED
BUSINESSES, ANIMAL-
RELATED ORGANIZATIONS,
COMMERCIAL BREEDERS,
NON-COMMERCIAL BREED-
ERS, AND RODEOS, AS CODI-
FIED IN CHAPTER 14, ARTICLE
IV OF THE CODE OF LAWS
AND ORDINANCES, BY
AMENDING STANDARDS OF
CARE; REGULATIONS FOR
BREEDERS AND ADDING PET
SHOPS TO SECTION FOUR;
ADDING REGULATORY LAN-
GUAGE FOR PET SHOPS AND
PET DEALERS, ADDING OP-
ERATIONAL STANDARDS FOR
PET SHOPS AND PET DEALERS,
INCLUDING LANGUAGE REGU-
LATING PET SHOPS AND PET
DEALERS FROM SECTION
828.29, FLORIDA STATUTES AS
MAY BE AMENDED; ADDING
AN EXEMPTION FOR PET
STORES AND PET SHOPS THAT
OFFER SPACE TO ANIMAL RES-
CUE GROUPS TO ADOPT ANI-
MALS; PROVIDING FOR CON-
FLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS
AND ORDINANCES; AND PRO-
VIDING FOR AN EFFECTIVE
DATE.
Copies of the proposed Ordi-
nances are on file with the
Clerk to the Board and are
available for inspection. All
interested parties are invited
to attend and be heard.
IVU I C. HII pet une wnnnly tv 9 B
speak on any agenda item
must register with the County
manager prior to presentation
of the agenda item to be ad-
dressed. Individual speakers
will be limited to 3 minutes
on any item. The selection of
any individual to speak on be-
half of an organization or
group is encouraged. If rec-
ognized by the Chairman, a
spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item.
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
seven days prior to the public
hearing. All materials used in
presentations before the
Board will become a perma-
nent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedings
is made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
days prior to the meeting. As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY,FLORIDA
BURT L. SAUNDERS, CHAIR-
MAN
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara, Deputy
Clerk
(SEAL)
Feb.13,2020 #4053927
Martha S. Vergara 9 B
From: Martha S. Vergara
Sent: Tuesday, February 11, 2020 2:27 PM
To: NeetVirginia
Subject: Ord Amending Ord 2013-33 &2013-55 Animal Ctrl/Pet Shops/Dealers
Attachments: OrderConf.pdf
Importance: High
Dinny,
Attached is the ad proof.
Let me know of any changes needed.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
v.kk,Ar°s >r>k Office: 239-252-7240
Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
''"r($t ,>. Naples, FL 34112
www.CollierClerk.com
1
9B
Martha S. Vergara
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Tuesday, February 11, 2020 2:43 PM
To: Martha S.Vergara; Minutes and Records
Cc: NoellKevin
Subject: FW: Ord Amending Ord 2013-33 &2013-55 Animal Ctrl/Pet Shops/Dealers
Attachments: OrderConf.pdf
Importance: High
Heading needs to say Notice of Intent to Consider Ordinances
Thank you!!
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mat to this entity.Instead,contact this office by telephone or in writing.
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent:Tuesday, February 11, 2020 2:27 PM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Subject: Ord Amending Ord 2013-33 & 2013-55 Animal Ctrl/Pet Shops/Dealers
Importance: High
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Dinny,
Attached is the ad proof.
Let me know of any changes needed.
Thanks,
1
Martha S. Vergara 8
From: Martha S. Vergara
Sent: Tuesday, February 11, 2020 2:50 PM
To: 'Gannett Legals Public Notices'
Subject: RE:4053927 - Ord Amending Ord 2013-33 &Ord 2013-55 Animal Control/Pet
Shops/Dealers
Hi Kia,
The legal department has requested a revision.
Please have the ad titile read:
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER ORDINANCES
Text of Ad: 0211112020
NOTICE OF PUBUC HEARING
NOTICE OF INTENT TO
ORDINANCES
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on
February 25, 2020, in the
Board of County Commission-
ers Meeting Room, Third
door r r I ar loan rn mane
Please provide a revised ad proof.
Thanks,
Martha
From: Gannett Legals Public Notices<GanLegPubNotices@gannett.com>
Sent:Tuesday, February 11, 2020 2:20 PM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Subject: RE:4053927 - Ord Amending Ord 2013-33 &Ord 2013-55 Animal Control/Pet Shops/Dealers
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Martha,
Please find attached your order confirmation and proof of the ad.
Your ad is set to run in:
• Naples Daily News on Feb 13 $602.00
96
Martha S. Vergara
From: Gannett Legals Public Notices <GanLegPubNotices@gannett.com>
Sent: Tuesday, February 11, 2020 3:01 PM
To: Martha S.Vergara
Subject: RE:4053927 - Ord Amending Ord 2013-33 &Ord 2013-55 Animal Control/Pet
Shops/Dealers
Attachments: OrderConf.pdf
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Martha,
I have made the correction and the updated proof is attached.
Thanks,
Kia Thor
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
Office: 239-263-4700, option 3
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent:Tuesday, February 11, 2020 1:50 PM
To: Gannett Legals Public Notices<GanLegPubNotices@gannett.com>
Subject: RE: 4053927 -Ord Amending Ord 2013-33 &Ord 2013-55 Animal Control/Pet Shops/Dealers
Hi Kia,
The legal department has requested a revision.
Please have the ad titile read:
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER ORDINANCES
1
.il
IA apfr lir w
PART OF THE USA TODAY NETWORK
OFFICE OF THE COUNTY
3299 TAMIAMI TRL E#700
NAPLES FL 34112--574
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1306921 0004053927 $602.00 $0.00 $602.00 Invoice $0.00 $602.00
Sales Rep: kthor Order Taker: kthor Order Created 02/11/2020
Product #Ins Column Lines Start Date End Date
NDN-Naples Daily News 1 1.00 172 02/13/2020 02/13/2020
NDN-naplesnews.com 1 1.00 172 02/13/2020 02/13/2020
*ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
Text of Ad: 02/11/2020
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER ORDINANCES
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on
February 25, 2020, in the
Board of County Commission-
ers Meeting Room, Third
Floor, Collier Government
Center, 3299 Tamiami Trail
East, Naples FL., the Board of
County Commissioners (BCC)
will consider the enactment of
county Ordinances. The meet-
ing will commence at 9:00_
A.M. The titles of the pro-
posed Ordinances are as fol-
lows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDI-
NANCE 2013-33, AS AMEND-
ED,THE COLLIER COUNTY AN-
IMAL CONTROL ORDINANCE,
CODIFIED IN CHAPTER 14, AR-
TICLE II OF THE CODE OF
LAWS AND ORDINANCES, BY
AMENDING SECTION THREE,
DEFINITIONS; SECTION TEN,
GENERAL VIOLATIONS; SEC-
TION ELEVEN, ANIMAL CARE;
MANNER OF KEEPING; SEC-
TION FOURTEEN, STANDARDS
OF CARE; SECTION FIFTEEN,
PENALTIES; SECTION SIXTEEN,
DISPOSITION OF IMPOUNDED
ANIMALS; PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS
AND ORDINANCES; AND PRO-
VIDING FOR AN EFFECTIVE
DATE.
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDI-
NANCE NO. 2013-55, RELAT-
ING TO THE STANDARDS OF
CARE FOR ANIMAL-RELATED
BUSINESSES, ANIMAL-
RELATED ORGANIZATIONS,
COMMERCIAL BREEDERS,
NON-COMMERCIAL BREED-
ERS, AND RODEOS, AS CODI-
FIED IN CHAPTER 14, ARTICLE
IV OF THE CODE OF LAWS
AND ORDINANCES, BY
AMENDING STANDARDS OF
CARE; REGULATIONS FOR
BREEDERS AND ADDING PET
SHOPS TO SECTION FOUR;
ADDING REGULATORY LAN-
GUAGE FOR PET SHOPS AND
PET DEALERS, ADDING OP-
ERATIONAL STANDARDS FOR
PET SHOPS AND PET DEALERS,
INCLUDING LANGUAGE REGU-
LATING PET SHOPS AND PET
DEALERS FROM SECTION
828.29, FLORIDA STATUTES AS
MAY BE AMENDED; ADDING
AN EXEMPTION FOR PET
STORES AND PET SHOPS THAT
OFFER SPACE TO ANIMAL RES-
CUE GROUPS TO ADOPT ANI-
MALS; PROVIDING FOR CON-
FLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS
AND ORDINANCES; AND PRO-
VIDING FOR AN EFFECTIVE
DATE.
Copies of the proposed Ordi-
nances are on file with the
Clerk to the Board and are
available for inspection. All
interested parties are invited
to attend and be heard.
98
IVU I C. HII pri SUI IS VVISI111i LU
speak on any agenda item
must register with the County
manager prior to presentation
of the agenda item to be ad-
dressed. Individual speakers
will be limited to 3 minutes
on any item. The selection of
any individual to speak on be-
half of an organization or
group is encouraged. If rec-
ognized by the Chairman, a
spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item.
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
seven days prior to the public
hearing. All materials used in
presentations before the
Board will become a perma-
nent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedings
is made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
days prior to the meeting. As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY,FLORIDA
BURT L. SAUNDERS, CHAIR-
MAN
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara, Deputy
Clerk
(SEAL)
Feb. 13,2020 #4053927
9B
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, February 11, 2020 3:04 PM
To: NeetVirginia
Subject: Revised ad proof- Amending Ords 2013-33 &2013-55 Animal Control/Pet
Shops/Dealers
Attachments: OrderConf.pdf
Dinny,
Attached is the revised ad proof.
Thanks,
Martha Vergara
BMR &VAB Senior Deputy Clerk
sr d 4>c, Office: 239-252-7240
Fax: 239-252-8408
E-mail: martha.veraara@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
/4k<< r,;\ Naples, FL 34112
www.CollierClerk.com
1
9B
4
11 alirtrS 4aiI
PART OF THE USA TODAY NETWORK
OFFICE OF THE COUNTY
3299 TAMIAMI TRL E#700
NAPLES FL 34112--574
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1306921 0004053927 $602.00 $0.00 $602.00 Invoice $0.00 $602.00
Sales Rep: kthor Order Taker: kthor Order Created 02/11/2020
Product #Ins Column Lines Start Date End Date
NDN-Naples Daily News 1 1.00 172 02/13/2020 02/13/2020
NDN-naplesnews.com 1 1.00 172 02/13/2020 02/13/2020
ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
96
Text of Ad: 02/11/2020
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER ORDINANCES
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on
February 25, 2020, in the
Board of County Commission-
ers Meeting Room, Third
Floor, Collier Government
Center, 3299 Tamiami Trail
East, Naples FL., the Board of
County Commissioners (BCC)
will consider the enactment of
county Ordinances. The meet-
ing will commence at 9:00
A.M. The titles of the pro-
posed Ordinances are as fol-
lows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDI-
NANCE 2013-33, AS AMEND-
ED,THE COLLIER COUNTY AN-
IMAL CONTROL ORDINANCE,
CODIFIED IN CHAPTER 14, AR-
TICLE II OF THE CODE OF
LAWS AND ORDINANCES, BY
AMENDING SECTION THREE,
DEFINITIONS; SECTION TEN,
GENERAL VIOLATIONS; SEC-
TION ELEVEN, ANIMAL CARE;
MANNER OF KEEPING; SEC-
TION FOURTEEN, STANDARDS
OF CARE; SECTION FIFTEEN,
PENALTIES; SECTION SIXTEEN,
DISPOSITION OF IMPOUNDED
ANIMALS; PROVIDING FOR
CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS
AND ORDINANCES; AND PRO-
VIDING FOR AN EFFECTIVE
DATE.
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDI-
NANCE NO. 2013-55, RELAT-
ING TO THE STANDARDS OF
CARE FOR ANIMAL-RELATED
BUSINESSES, ANIMAL-
RELATED ORGANIZATIONS,
COMMERCIAL BREEDERS,
NON-COMMERCIAL BREED-
ERS, AND RODEOS, AS CODI-
FIED IN CHAPTER 14, ARTICLE
IV OF THE CODE OF LAWS
AND ORDINANCES, BY
AMENDING STANDARDS OF
CARE; REGULATIONS FOR
BREEDERS AND ADDING PET
SHOPS TO SECTION FOUR;
ADDING REGULATORY LAN-
GUAGE FOR PET SHOPS AND
PET DEALERS, ADDING OP-
ERATIONAL STANDARDS FOR
PET SHOPS AND PET DEALERS,
INCLUDING LANGUAGE REGU-
LATING PET SHOPS AND PET
DEALERS FROM SECTION
828.29, FLORIDA STATUTES AS
MAY BE AMENDED; ADDING
AN EXEMPTION FOR PET
STORES AND PET SHOPS THAT
OFFER SPACE TO ANIMAL RES-
CUE GROUPS TO ADOPT ANI-
MALS; PROVIDING FOR CON-
FLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS
AND ORDINANCES; AND PRO-
VIDING FOR AN EFFECTIVE
DATE.
Copies of the proposed Ordi-
nances are on file with the
Clerk to the Board and are
available for inspection. All
interested parties are invited
to attend and be heard.
9
IVU I C. NII pei UID vvDllllily. W
speak on any agenda item
must register with the County
manager prior to presentation
of the agenda item to be ad-
dressed. Individual speakers
will be limited to 3 minutes
on any item. The selection of
any individual to speak on be-
half of an organization or
group is encouraged. If rec-
ognized by the Chairman, a
spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item.
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
seven days prior to the public
hearing. All materials used in
presentations before the
Board will become a perma-
nent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedings
is made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
daysprior to the meeting. As-
sisted devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY,FLORIDA
BURT L. SAUNDERS, CHAIR-
MAN
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara, Deputy
Clerk
(SEAL)
Feb.13,2020 #4053927
48
Martha S. Vergara
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Tuesday, February 11, 2020 3:18 PM
To: Minutes and Records; Martha S. Vergara
Cc: KlatzkowJeff; BradleyNancy
Subject: FW: Revised ad proof - Amending Ords 2013-33 842013-55 Animal Control/Pet
Shops/Dealers
Attachments: OrderConf.pdf
Martha:
See below.
Thank you!!
Virginia A. Neat, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity. Instead,contact this office by telephone or in writing.
From: NoellKevin <Kevin.Noell@colliercountyfl.gov>
Sent:Tuesday, February 11, 2020 3:15 PM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Cc: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Subject: FW: Revised ad proof-Amending Ords 2013-33 & 2013-55 Animal Control/Pet Shops/Dealers
Yes, it is good to go.
Kevin L. Noell
Assistant County Attorney
Collier County Attorney's Office
239.252.8424
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent:Tuesday, February 11, 2020 3:14 PM
To: NoellKevin<Kevin.Noell@colliercountyfl.gov>
Cc: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Subject: FW: Revised ad proof-Amending Ords 2013-33 & 2013-55 Animal Control/Pet Shops/Dealers
Kevin:
See attached for your approval. Heading is now correct.
Dinny
1
98
•
i Public Notices i Public Notices
CODIFIED IN CHAPTER 14,AR- Board will need a record of
TICLE II OF THE CODE OF the proceedings pertaining
LAWS AND ORDINANCES, BY thereto and therefore, may
AMENDING SECTION THREE, need to ensure that a verba-
DEFINMONS; SECTION TEN, tim record of the proceedings
GENERAL VIOLATIONS; SEC- is made,which record includes
TION ELEVEN, ANIMAL CARE; the testimony and evidence
MANNER OF KEEPING: SEC- upon which the appeal is
TION FOURTEEN, STANDARDS based.
OF CARE; SECTION FIFTEEN,PENALTIES; SECTION
If y
ou are a erson with a dis-
DISPOSITION OF IMPOUNDED bility who needs any accom-
ANIMALS; PROVIDING FOR modation in order to partici-
CONFLICT
ou
PROVID NG FOR INCLUSION are entitled,atate in thisr oeedincori o you,
INTO THE CODE OF LAWS to the provision of certain as-
AND ORDINANCES;AND PRO- slstance. Please contact the
VIDING FOR AN EFFECTIVE' Collier County Facilities Man-
DATE. agement Division, located at
& 3335 Tamiami Trail East,Suite
AN ORDINANCE OF THE 101, Naples, FL 34112-5356,
! BOARD OF COUNTY COMMIS- (239) 252.8380, at least two
SIONERS OF COWER COUNTY. days prior to the meeting. As- r
FLORIDA, AMENDING ORDI- listed listening devices for the NGC
NANCE TO THE STANDARDS hearing
OF bleT- inthepaired are
Board of County ,N.
CARE FOR ANIMAL-RELATED Commissioners Office. 1-
BUSINESSES, ANIMAL-
RELATED ORGANIZATIONS,' BOARD OF COUNTY COMMIS- O
COMMERCIAL BREEDERS.' SIONERS N
NON-COMMERCIAL BREED- COWER COUNTY,FLORIDA' 0
ERS, AND RODEOS, AS COOP BURT L. SAUNDERS, CHAIR- Nri
• FIED IN CHAPTER 14,ARTICLE MAN
IV OF THE CODE OF LAWS }
AND ORDINANCES, 6Y CRYSTAL K.KINZEL CLERK `• rz
AMENDING STANDARDS OF By: Martha Vergara, Deputy re
CARE; REGULATIONS FOR Clerk m
BREEDERS AND ADDING PET (SEAL) m
•SHOPS TO SECTION FOUR; Feb.13,2020 -- 114053927 w
ADDING REGULATORY LAN- ,
U.
GUAGE FOR PET SHOPS AND Q
PET DEALERS, ADDING OP- o
ERATIONAL STANDARDS FOR ! N I
PET SHOPS AND PET DEALERS. Im
INCLUDING LANGUAGE REGU-
LATING PET SHOPS AND PET•
DEALERS FROM SECTION -
1328.29,FLORIDA STATUTES AS
MAY BE AMENDED; ADDING
AN EXEMPTION FOR PET -
STORES AND PET SHOPS THAT U
OFFER SPACE TO ANIMAL RES-
CUE GROUPS TO ADOPT ANI- to
MALS; PROVIDING FOR CON-
FLICT AND SEVERABILITY; W
PROVIDING FOR INCLUSION z
' INTO THE CODE. OF LAWS a
AND ORDINANCES;AND PRO- a i;
VIDING FOR 'AN EFFECTIVE Q 1
DATE. st
Copies of the proposed Ordi-
nances are on file with the
Clerk to the !Board and are
available for inspection. All
interested parties are invited
to attend and be heard.
NOTE: All persons wishing to
t
speak on any agenda item
must register with the County
manager prior to presentation
-- of the agenda item to be ad-
!i.Public Notices dressed. Individual speakers
will be limited to 3 minutes
NOTICE OF PUBUC HEARING on any item. The selection of
NOTICE OF INTENT TO any individual to speak on be-
CONSIDER ORDINANCES half of an organization or
group is encouraged. If rec-
ognizeda
Notice is hereby given that a
public hearing willbe held by okespe soot a Ca ai roup or
or
organization may be allotted
the Collier County Board of 10 minutes to speak on an
County Commissioners on item.
February 25, 2020, in the
Board of County Commission- Persons wishing to have writ-
ars Meeting Room, Third
mens ten or graphic materials in-
• Floor, Collier Government cluded in the Board agenda
Center, 3299 Tamiami Vail packets must submit said ma-
East, Naples FL., the Board of tenial a minimum of 3 weeks.
County Commissioners (BCC) rior to the respective public
will consider the enactment of Rearing. In any case,written
county Ordinances. The meet- materials intended to be con-.
ingg will commence at 9.00. sidered by the Board shall be
A M. The titles of the pro- submitted to the appropriate
posed Ordinances are as fol- County staff a minimum of
lows: seven days prior to the public
AN ORDINANCE OF THE hearing. All materials used in
BOARD OF COUNTY COMMIS- presentations before the
SIONERS OF COLLIER COUNTY, Board will become a perma-
FLORIDA, AMENDING ORDI- nent part of the record.
NANCE 2013-33, AS AMEND- Any person who decides to
ED,THE COLLIER COUNTY AN- appeal any decision of the
IMAL CONTROL ORDINANCE,
i
9B
NapIr34 at g
NrWEI
PART or THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
OFFICE OF THE COUNTY ATTORNEY
3299 TAMIAMI TRL E#700
NAPLES, FL 34112-5749
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared said legal clerk who on oath says that
he/she serves as Legal Clerk of the Naples Daily News, a
daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising was published in
said newspaper on dates listed. Affiant further says that the
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in
said
Collier County, Florida; distributed In Collier and Lee
counties of Florida, each day and has been entered as
second class mail matter at the post office in Naples, in
said Collier County, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any person, or corporation any discount,
rebate, commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
Published:February 13,2020
Subscribed and sworn to before on February 13,2020:
un c0.t or I,
Notary,State of WI,County of Brown
TARA MONDLOCH
Notary Public
' State of Wisconsin
My commission expires August 6,2021
Publication Cost: $602.00
Ad No:0004053927
Customer No: 1306921
PO#: 4500200508
This is not an invoice
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO 9 B
CONSIDER ORDINANCES
14V1100 la hereby given lhat
public; hearing will be held by
the Collier County Board of
County Commissioners on
February 25, 2020, in the
Hoard at County Commission-
ers Meeting Room, Third
Floor, Collier Government
Center, 3299 Tamiami Trail
East,Naples FL.,the Board of
County Commissioners(BCC
will consider the enactment of
COuritY.Ordinances The meet-
ing_ MI commence al 9:00
The titles Of the pro-
poSed Ordinances are as ll-
tows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERSOF COLUEFCOUNTY,
FLORIDA, AMENDING ORDI-
NANCE 2013-33, AS AMEND-
ED,THE COLUEMOUNTY AN-
'MAL CONTROL ORDINANCE
CODIFIED IN CHAPTER14, AR-
TICLE It OF THE CODE OF
LAWS AND ORDINANCES,8Y
AMENDING SECTION THREE
DEFINITIONS; SECTION TEN,
GENERAL VIOLATIONS; SEC
TION ELEVEN,ANIMAL CARE
MANNER OF KEEPING;SEC
TION FOURTEEN,STANDARD;
OF CARE; SECTION FIFTEEN
PENALTIESGECTION SIXTEEN
DISPOSITION OF IMPOUNDED
ANIMALS; PROVIDING FOF
CONFLICTAND SEVERABILIT)
PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS
AND ORDINANCES;AND PRO.
VIDING FOR AN EFFECTIV
DATE.
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERSOF COLUERCOUNTY,
FLORIDA, AMENDING ORM.
NANCE NO. 2013-55, RELAT
INC TO THE STANDARDS OF
CARE FOR ANIMAL-RELATEI
BUSINESSES, ANIMAL-
RELATED ORGANIZATIONS
COMMERCIAL BREEDERS
NON-COMMERCIAL BREED
ERS,AND RODEOS,AS CODI-
FIED IN CHAPTER 141, ARTICLI
IV OF THE CODE OF LAWS
AND ORDINANCES, BY
AMENDING STANDARDS OF
CARE; REGULATIONS FOE
BREEDERSAND ADDING PEI
SHOPS TO SECTION FOUR
ADDING REGULATORY LAN-
GUAGE FOR PET SHOPS AND
PET DEALERS, ADDING OP-
ERATIONAL STANDARDS FOF
PETSHOPSAND PET DEALERF.
INCLUDING LANGUAGE REGU
LATING PET SHOPS AND PEI
DEALERS FROM SECTION
82829,FLORIDASTATUTESAS
MAY BE AMENDED; ADDING
AN EXEMPTION FOR PEI
STORESAND PETSHOPSTHAT
OFFERSPACETO ANIMAL RES
CUE GROUPS TO ADOPT ANI-
MALS; PROVIDING FOR CON-
FLICT AND SEvERABILir
PROVIDING FOR INOLUSIOl.
INTO THE CODE OF LAWS
AND ORDINANCES;AND PRO
VIDING FOR AN EFFECTIV
DATE.
Copies or the ofoposed Ordi-
nances are on file with the
Clerk to the Board and are
available For inspection All
interested o0ie5 are invited
to attend and be heard.
NOTE: All pert7..>rtF, voloi.40 to
speak on any aor...ntii) item
must register wilt) the- County
man:icier prior to presentation
of the anenda item In be ad-
dressed.n•Individual speakers 9 B
will be limited to 3 minutes 11
on tiny item. The selection of
any individual to speak on be-
half of an organization or
group Is encouraged. II rec-
ognized by the Chairman, a
spokesperson ler a group or
organization may be allotted
10 minutes to speak on an
item,
Persons wishing to have writ-
ten or graphic materials in-
eluded In the Board agenda
packets must submit said m a-
tonal a minimum of 3 weeks
prior to the respective public
hearing. In any case.writlon
materials Intended to be con-
sidered by the Board shall be
submitted to the appropriaie
County stall a minimum of
seven days prior to the public
hearing. Ail materials used in
presentations before the
Board will become a perma-
nent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore. may
need to ensure that a verba-
lint record of the proceedings
is made, which record includes
the testimony and evidence
upon which the appeal is
based.
If you ere a person with a dis-
ability who needs any accom-
modation in order to Partici-
pate in this proceeding, you
are entitled, el no cost to you,
to the provision of certain as-
sislance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East,Suite
101, Naples, FL 3n112-5356,
(239) 252-8380, at least Iwo
days prior to the meeting. As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office,
BOARD OF COUNTY COMMIS-
SIONERS
OMMISSIONERS
COLLIER COUNTY,FLORIDA
BURT L. SAUNDERS, CHAIR-
MAN
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara, Deputy
Clerk }
Feb .II s,2020 #4053927
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