Ordinance 2007-23
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({ \n~;t" } ORDINANCENO.2007- ~;l
\i \\lul\ ~ INANCE AMENDING COLLIER COUNTY ORDINANCE NO.
~L 93 AS AMENDED, THE ANIMAL CONTROL ORDINANCE;
'Ot 6 8 L 99 NDING SECTION ONE, DEFINITIONS; AMENDING SECTION
FOUR, AUTHORITY OF DIRECTOR AND UNLAWFUL TO
INTERFERE WITH OFFICER IN PERFORMANCE OF DUTY, BY
CHANGING THE NAME "ANIMAL CONTROL" TO "DOMESTIC
ANIMAL SERVICES" AND PROVIDING A FEE FOR MICRO-
CHIPPING; AMENDING SECTION FIVE TO REVISE THE TITLE TO
DISPOSITION OF IMPOUNDED ANIMALS, AND TO INCLUDE A
PROCEDURE FOR ADJUSTING FEES AND TO ESTABLISH
PROCEDURES FOR MICRO-CHIPPING; AMENDING SECTION SIX,
PROHIBITIONS; ADDING A NEW SECTION NINETEEN TO
ORDINANCE NO. 93-56 ENTITLED "DANGEROUS DOGS," TO
PROVIDE DEFINITIONS AND PROCEDURES FOR CLASSIFYING
SUCH DOGS, REGISTRATION AND PENALTIES FOR VIOLATION o.f
SAID PROVISION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Domestic Animal Services Advisory Board ("DASAB") and I:>omestic
Animal Services ("DAS") staff recommend micro-chipping impounded domestic animals in
order to provide a more efficient means of successfully reuniting pets with their owners; and
WHEREAS, DAS staff recommends updating Ordinance No. 93-56, as amended, the
Animal Control Ordinance, in compliance with Chapter 767, Florida Statutes, provide
procedures for declaring a dog dangerous and to require owners of dogs that are declared
dangerous to adhere to stringent procedures in order to protect the public; and
WHEREAS, for purposes of consistency, DAS staff recommends amending the Animal
Control Ordinance to allow adoption fees to be revised by resolution; and
WHEREAS, on November 14,2006, the Board of County Commissioners determined these
amendments are for the benefit of the citizens and visitors of Collier County and serve a valid
public purpose, and directed staffto amend Ordinance No. 93-56, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section One of Ordinance No. 94-56, as amended, Definitions
Section One, Definitions, of Ordinance No. 93-56, as amended by Ordinance No. 2005-57,
is hereby amended as follows:
SECTION ONE: Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
A. Animal means any Hying vertebrate, domestic or ':lild, excluding man every
living dumb creature.
B. Animal control means the county depar-.mem: of animal eoB:trol Collier
County Domestic Animal Services.
G "Animal centrel center" means any place approved as sueh by the board of
county commissioners for the detention, eare and/or treatment of animals in
custody.
Words Underlined are added; Words Struck Through are deleted
f>.:. "Direct,)r of';\n:mal Control" means the director of animal control, including
de~;ignees of the director and/or such other pec;on:; dOGignated by the County.
C. At-large means off the premises of the owner and not under the direct control,
custody, charge or possession of the owner or other responsible person, either by
leash, cord, chain or otherwise.
D. Business means holding oneself out, either expressly or impliedly, to the
public or any portion of the public to buy or sell any animal, as a principal or an
agent.
E. County veterinarian means a veterinarian, duly licensed by the state,
appointed by the board to be a consultant to the county health department and to
the director of animal control.
F. Dangerous do,<< means any dog that according to the records of the appropriate
authority:
(1) Has aggressively bitten, attacked, or endangered or has inflicted severe iniury
on a human bein?: on public or private property;
(2) Has severely inlured or killed a domestic animal while off the owner's
property;
(3) Has been used primarily or in pw1 for the purpose of dog: fighting: or is a dog
trained for do?: fightin?:; or
(4) Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of
attack, provided that such actions are attested to in a sworn statement by one or
more persons and dutifully investigated by the appropriate authority.
or ,'iciobis a:li:na! means any aAimal of fierce or dangerous propensities likely to
cause physical iAjury or property damage or that exhibits traits of ungovernabil
G. Direct control means the immediate, continuous physical control of an
animal at all times by such means as a fence, leash, cord or chain sufficient to
restrain the animal; or especially trained hunting animals engaged in legal
hunting, or animals engaged in shows or organized obedience training programs
where the animals respond to commands.
H. Direcfor or Domestic Animal S'erl'ices means the director of the Counly's
animal control department, including designees of the director and/or such other
persons designated by the coullty.
I. Domestic Animal Services eel/ft'r means any place approved as such bv the
board of countv commissioners for the detention, care amVor treatment of animals
in clIstody.
J. Health officer means the director of the county health department, or his
designee.
K. Kennel means any place of business where dogs and/or cats are maintained for
purchase, sale, breeding, boarding, training for a fee, treatment and/or grooming
purposes. Kennel shall not include any animal control center or any veterinary
hospital, or any animal facility operated by any subdivision of local, state or
federal government. "Kennel" shall not include any research facility subject to
inspections under any provision of any state and/or federal law.
L. Livestock means all animals of equine, bovine, or swine class, including
sheep, goats and other grazing animals.
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Words Underlined are added; Words Struck Through are deleted.
M. l\ilicro-clzip - an animal micro-chip implant is an identifying circuit placed
under the skin of a dog. cat. or other animal. The chips are about the size of a
large grain of rice.
N. Owner means any person having a right of property in an animal, or any
person with the right or duty to control an animal, or any person then physically
controlling, possessing, harboring or keeping an animal.
O. Pet shop means any place or premises used as a business to maintain animals
for the purpose of purchase, sale, exhibition, adoption, or donation, including a
breeding kennel; except an individual owning dogs and/or cats for less than 120
days that have been borne by one or two females owned by such person during a
12-month period shall not be considered as operating a pet shop.
P. Psittacine birds means all birds commonly known as parrots, amazons,
Mexican doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds,
loris, lorikeets, and other birds of the Psittacine family.
Q. Research or testing means any use of any animal in any vivisection, including
demonstration or practice surgery, medical or biomedical research, medical
experimentation, medical or nonmedical education, or to test any medication,
radiation, toxicity, element, chemical or chemical compound, or to study the
effects of any consumer product on humans or animals, or for use in biologicals
production or other substantially similar research or testing for scientific, medical,
biomedical, educational, or veterinary purpose, by any individual, school, college,
university, hospital, laboratory, or any other institution or entity of any
description, public or private. Such uses of an animal that does not expose any
animal to any incision or puncture, to torture, torment, or cruelty, to any
immediate or future damage or impairment, or to unusual stress, is not research or
testing as defined herein.
R. Rodeo means any event or show involving the use of equines, and/or bovines
for the exhibition of skills in riding, bronco or bull riding, calf roping, and/or
bulldogging, where a fee is charged to witness the event.
S. Stable means any place of business or premises used to maintain four-legged
grazing animals for the purpose of either a riding stable, pony rides, livery stable,
animal rental and/or animal boarding facilities, for a fee.
T. Torture, torment or cruelty means any act, omission or negligence causing or
allowing to continue unnecessary or unjustifiable pain or suffering when there is
remedy or relief reasonably available.
U. Vaccination means administering to any animal, pursuant to a certificate of
vaccination issued by a licensed state veterinarian, an anti-rabies vaccine
approved by the state department of health and rehabilitative services.
V. Vicious animal means any animal of fierce or dangerous propensities likely
to cause physical iniury or property damage or that exhibits traits of
ungovernability.
W. Wild animal means any living non-domesticated species defined as wildlife
by the wildlife code of the state game and freshwater fish commission, and any
free-roaming cat or dog.
SECTION TWO: Amendment to Section Four of Ordinance 93-56, as amended.
Section Four, Director of Animal Control, Authority of; Unlawful to interfere with
officer in performance of duty, of Ordinance No. 93-56, as amended by Ordinance No.
01-39, is hereby amended as follows:
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Words Underlined are added; Words Shtick ThF0\:lgh are deleted.
Section Four: Director of Animal Control, Authority of; Unlawful to interfere
with officer in performance of duty.
A. The director of animal control Domestic Animal Services (hereinafter "director")
shall have all necessary authority to enforce this article and pick up, catch or procure any
animal in violation of this Ordinance, and have such animal impounded within the animal
cORlrol Domestic Animal Services shelter or other designated place.
B. The director af aRimal control shall have authority to enter upon any public or private
property, except a building designated for and actually used for residential purposes and
other buildings within the curtilage of the principal residential building, for the purpose
of enforcing this Ordinance.
C. It shall be unlawful for a person to interfere with, hinder, molest or abuse the director
of animal control, the health officer, or any of their subordinates in the performance of
their lawful duties under this Ordinance or under Florida law.
D. It shall be unlawful for any owner of any animal to refuse to surrender such animal
for impoundment or quarantine as provided by this Ordinance when demand for
surrender of the animal is made by the health officer, director of aflimal control Domestic
Animal Services, or other enforcement officer.
E. 1. Fees related to impoundments are as follows:
a. First impoundment of dogs, cats and other small animals: $25.00 if neutered;
$75.00 if non-neutered; $50.00 is to be refunded if the animal is neutered within sixty
(60) days after impoundment. Second impoundment if neutered: $50.00. Second
impoundment if non-neutered: $75.00. Third (or subsequent) impoundment if neutered:
$100.00. Third (or subsequent) impoundment if non-neutered: $125.00.
First impoundment of equine, bovine and other livestock: $50.00. Second
impoundment of the same livestock or other livestock from the same site: $75.00. Third
(or more) impoundment of same animals or from the same site: $100.00.
b. Advertising of impounded livestock: Direct cost plus 50% for administration.
c. Laboratory and veterinarian fees: Direct cost plus 50% for administration.
d. Transportation and service fees for impounded livestock: Direct costs plus
50% for administration.
e. Daily board for animal: $7.00. This fee shall be $10.00 for each animal that
is impounded more than once.
f. Micro-chipping fees: direct cost of micro-chip plus 100 percent (100%)
for administration.
(2) The above fees may be revised by resolutions adopted by the Board.
F. The director of animal control is hereby granted authority to establish reasonable rules
and regulations to govern the care and feeding of animals maintained in or by pet shops,
kennels, stables, animal acts, rides, used in rodeos and/or other commercial public
displays of such animals upon resolution by the board.
G. In addition to, or in lieu of, impounding any animal found in violation of this
Ordinance the director of Domestic Animal Services, deputy sheriff, municipal police
officer, or other enforcement officer empowered to enforce this Ordinance, may issue to
the owner of (or to the person in custody ot) such animal a notice of violation and a
service fee of twenty-five dollars ($25.00) for the first such notice to be paid to Domestic
Animal Services within 72 hours, excluding Saturdays, Sundays and legal holidays. The
fee for a second notice of violation issued regarding the animal, owner, or custodian, is
thirty-five dollars ($35.00), and is fifty dollars ($50.00) for a third notice and all
subsequent notices. If the applicable fee is not paid within the prescribed time, the matter
will be accorded appropriate enforcement and/or collection provision.
H. The director of aflimal control 01' the Sheriff of Collier County, or their respective
designees, shall have the authority to destroy any free roaming un tagged dog or cat when
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Words Underlined are added; Words Struck Through are deleted.
other reasonable means and methods to capture are tried but failed, or when a diligent
search has been made to establish ownership has failed, and it has been ascertained by
citizen complaint or investigation that the animal has aggressive tendencies and poses a
threat of injury to persons or other animals, or has caused bodily injury to a person or has
physically injured or killed livestock.
SECTION THREE: Amendment to Section Five, Ordinance No. 93-56, as amended.
Section Five, Adoption, Redemption and Euthanization of Animals and Limitations on
Provision of Animals for Research, Testing or Animal Sacrifice, of Ordinance No. 93-56, is
hereby amended as follows:
Section Five: .^~doptioFl, RedemptioFl aFld Euthanizatioll of .\nimals and
LimitatioFls on Pro','ision of ,\Flimals for ResearcA, Testing or
Animal Sacrifice Disposition of impounded animals.
A. Impounded animals not suspected of having an infectious or contagious
disease shall be held for a minimum of five full days (120 hours) to provide time
for the animal's owner to notify staff of intent to recover the animal. The Director
of animal cOFltrol Domestic Animal Services or designee shall make at least three
attempts to contact the owner if the owner's identity is known or easily
ascertained, of an animal impounded before the animal's humane disposition.
Dogs, cats, and other animals not claimed within five (5) days, subject to
subsections (B) and (C) below, may be adopted, or may be euthanized by any
method specified in Section 828.058, Florida Statutes.
1. Animals shall be released to owners on presentation of proof of ownership,
or adopted after licensing and upon payment of costs and fees.
2. All persons adopting any dog or cat from a public animal shelter, humane
society, or animal control agency operated by a public agency, shall have any
unsterilized animal sterilized by a licensed veterinarian within thirty (30) days of
the adoption or prior to the animal's sexual maturity. The adopter shall enter into a
written agreement with Collier County guaranteeing such sterilization and shall
submit a sufficient deposit as required by Florida Statutes.
3. County adoption fees:
a. A fee of twenty dollars ($20.00) shall be charged for each dog or cat
adopted.
b. A fee for all other animals adopted will be determined by market value
of the animal.
c. Fees may be revised by resolutions adopted by the Board of COLlnty
Commissioners.
4. Upon verification that authorized services have been rendered by a veterinarian,
fees from the neuter/spay trust fund are to be paid to that veterinarian, subject to
availability of funds in that trust fund. The amount of the fee(s) to be paid to the
veterinarian for services rendered shall be as specified in a written agreement between the
county and the veterinarian.
5. Administration of the neuter/spay program shall remain under the control of the
director of domestic animal services. Accounting for the disbursement of the neuter/spay
fees shall be in accordance with procedures of the county's finance department.
6. Veterinarians are authorized to sell dog licenses and cat licenses and the county
shall pay a service fee of $1.00 for each such license sold. Forms and license tags will be
furnished by the county to the veterinarian.
B. No person, or on behalf of any other person or entity whatsoever, shall acquire or
attempt to acquire actual or constructive possession of any animal for any use in research,
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Words Underlined are added; Words Stn:lck TAroHgh are deleted.
testing, or animal sacrifice, from the actual or constructive possession of any county
animal control center, or from any person or entity operating or controlling any animal
custody facility, pound, or animal shelter that is then leased from the county by a lease
that prohibits such use, or is then under a contract with the county which contract
prohibits such use. Such use includes the immediate or eventual sale, transfer, gift, trade,
donation, delivery, or any other provision of any animal for use in research, testing,
and/or animal sacrifice. No employee, volunteer, worker, agent or other representative of
any such entity shall knowingly release from the actual or constructive possession of any
such entity, any animal for any such known or suspected use.
C. Micro-chipping.
1. Animals that have been impounded shall be micro-chipped by Domestic
Animal Services' staff at the owner's expense plior to being released to the
owner. Micro-chipping shall be required based on the first impoundment.
2. Animals that are already micro-chipped when impounded. must have the
information on the micro-chip recorded by DAS. The information must be
accurate and current. If the information is not current, the owner must come into
compliance with this ordinance prior to having the animal released.
3. At the discretion of the Director of Animal Services, or his or her designee,
the animal may be released to the owner if the owner signs a sworn statement
representing that the animal will be implanted with a micro-chip by a licensed
veterinarian for medical reasons. The owner will be require to submit a statement
within ten days, signed by a licensed veterinarian, confirming that the animal has
been so implanted and provide the micro-chip number to the Department of
Animal Services.
4. Failure to comply with the requirements of section, shall be a violation of
this ordinance and punishable as provided in Ordinance 01-39, as amended, Sec.
14-27, Penalties.
SECTION FOUR: Amendment to Section Six, of Ordinance 93-56, as amended, Prohibited on
beaches; running at large; specific locales; female dogs; chasing vehicles;
damage to property; vicious dogs; nuisance, abandonment; confined in
unattended motor vehicle.
Section Six of Ordinance No. 93-56, as amended by Ordinance No. 94-10 and Ordinance
No. 2001-39, is hereby amended as follows:
SECTION SIX~ -::Prohibited on beaches; running at large; specific locales; female
dogs; chasing vehicles; damage to property; vicious dogs;
nuisance, abandonment; confined in unattended motor vehicle.
A.faj It shall be unlawful for the owner of an animal to allow or permit his or her
animal:
tl+.-.L. To be upon the beaches of the county, whether fettered or unfettered,
unless the area has been designated by the board as suitable for use by such
animals, except a certified seeing-eye or hearing-ear dog actually in use by
handicapped person, or animals used by law enforcement officers or county
ordinance enforcement personnel.
~2. -To run at large in or upon any public street, road, sidewalk, other
public place, or upon private property without the expressed or implied consent,
subject to zoning, of the owner or any lessee of such private property.
8::}3. -To be within any park or upon public school grounds or public
playground in the county, including the exercising of any animal, whether fettered
or unfettered, for the purpose of elimination of wastes.
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Words Underlined are added; Words Struck ThrOl:lgh are deleted.
f4td:.- To enter any place where food is stored, prepared, served or sold to the
public, or any other public building or hall; provided however, that this provision
shall not apply to any blind or deaf persons using seeing-eye or hearing-ear dogs,
to public building used for animal shows or exhibitions, or to dogs used for
enforcement by any law enforcement officer or code enforcement officer.
W5. -To trespass upon private or public property so as to damage or destroy any
property or thing of value, or to defecate and create a sanitary nuisance thereon,
including to defecate upon roadways, road rights-of-way, sidewalks, or other
property so as to create a sanitary nuisance thereon. A sanitary nuisance exists
whenever the feces are not immediately removed and properly disposed of.
f(H-6. To chase, run after, or jump at vehicles or bicycles using any road or
road right-of-way.
fl-iJ7. To snap, growl, snarl, jump upon, or otherwise threaten persons
lawfully using any road right-of-way.
f8-k8. To bark, whine, howl, or cause other objectionable noise, which IS
offensive so as to create a nuisance.
f9t.09. To be abandoned and thereby relinquish control of an animal with the
intent or purpose of setting the animal at large.
-I-GdlO. To be confined in an unattended motor vehicle without sufficient
ventilation or under other conditions for such periods of time as may endanger the
health and/or physical well-being of the animal due to heat, lack of potable water,
or such other circumstances as may reasonably cause suffering, disability, or
death to the animal.
B. It shall be unlawful for owner to keep, harbor or maintain any vicious dog or
any dog with vicious propensities in a manner which mayor does endanger the
safety of persons lawfully upon his premises or away from his premises.
C. It shall be unlawful for any owner to permit, allow or suffer any livestock to
run at large or stray upon any roads and highways, or upon the property of another
without permission of the property owners or their authorized agent or lessee,
subject to zoning.
D. It shall be unlawful to keep any female dog in heat (estrus) which is not
confined to a building or secure enclosure, veterinary hospital, or boarding kennel
and in such a manner that the female dog can come in contact with any male dog
except for intentional breeding with a specific male dog.
E. Upon receipt of an "affidavit of complaint" for any violation of this section
signed by two or more residents (each complainant residing in separate dwellings
in the vicinity of the violation) and acknowledged under oath before an individual
authorized by law to take acknowledgements, setting forth the complained of acts,
an enforcement officer shall investigate the facts to determine if the acts
complained of are a violation, and, if satisfied that a violation has occurred, may
issue a citation for the violation, including, subject to F.S. ~ 828.27, Florida
Statutes, and of this aFttefe.ordinance, a mandatory court appearance or appearance
before the special master.
F. Any O\vner of a dog that is declared to dungerow; by the director of animal
pursuant to Chapter 767, Florida Statutes may uppeal that decision to u three
memher appeals ptlRel consisting of the follovl'ing members: General manager of
the county humane society or hi~; or her employee designee, und uny tv;o
employee~; in the public service:; depnt1ment, not under the direction or control of
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Words Underlined are added; Words Struck ThrOl::lgh are deleted.
the director of animal control, who are chot;cn on u case by case busi~; by the
public ~;er'lices admini~;tri.ltor.
G. If the director of domestic animal ~;en'ice~; makes an initial determination
that a dog i~; dangerous. the county :;hall provide written notification of thut
determinution to the O\vner of the dog, by certified mail, by certified hand
delivery, by service pursuant to Chapter /18, Florida Statutes, or w; otherwise
authorized by Floridu Statute. The director'~; initial determinution ~;hall
automatically become final unles:; the dog'~; O\\ner. within ;;even calendar days
after receipt of the notice, file~; a written request for a hearing to challenge the
director's initial determination. If the dog'~; owner file:; a timely ..witten reqLle~;t for
a challenge hearing, the effective dale shull be the date of the final decision of the
challen;e hearin;; forum.
H. Certificate of regdration of dangerous dog. Not later than four calendur days
after the final effective date, a:; specified abo';e, that the dog i:; determined to be a
dangerou:; dog, the dog'~; owner mw;t file a complete '.vritten standurd form
application v;ith domestic animal service:; to be issued a cer~ificate of registration
for the dangerous dog. The duration of each certificate it; 365 day:;. The
upplication/adminiGtration fee for each :;uch certificate shall be $300.00. A
complete application for the initial certificate of regi:;trution ;;hall include: (i) the
filing fee and late fecs. if any; (ii) a receipt or other \1,'ritten proof that the dog ha:;
been pennanentlv identified a~; a dangerous dog: (iii) a color photograph that
clearly :;hov.s the front of each required :;ign posted at the premi~;es of the
dangerou~; dog; and (iv) a cummt cortificate of ',accination for the dog. The
count y shall have up to ten days after receipt of a complete application form to
issue the reque:;ted initial c8ltificate. Subject to the ten day;; to i:;sue the
certificate, if the original certificate i:; not is:;ued by the fourtcenth duv, thoro :;hall
be a late fee of $10.00 per duy for oach day that the certificate is not i~;;;ued.
I. :\nnual rene'.val of cerUficatc of registration. ,\ Gtandard form application to
rene\.v each certificate of regi~;tration must be filed unnually at lea:;t ten calondar
day:; prior to the date that the respective certificate is to expire. A complete
application for a reno"yal celtificate shall include a $300.00
rene'.vul!admini:;trativc fee. u then current color photograph of each dangerow;
do2, :;ign po:;ted at the premises ',>,<here Ihe dangerous dog re:;ide:;, und a then
current ceJti ficate of vaccination. There shall be a late fee of $10.00 for each day
that a complete application for renewuli:: not filed by the deadline date.
SECTION FIVE: Creation of Section Nineteen, Dangerous Dog, Definitions and
Procedure.
Ordinance No. 93-56 is hereby amended as follows:
SECTION NINETEEN: Dangerous Dogs, definitions, and procedures.
A. Definitions.
(1) Danf!erous dog means any dog that according to the records of the
appropriate authority:
ea) Has aggressively bitten, attacked, or endangered or has inflicted
severe inlury on a human being on public or private property;
(b) Has severely injured or killed a domestic animal while off the owner's
propel1Y;
(c) Has been used primarily or in part for the purpose of dog fighting or is
a dog trained for dog fighting; or
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Words Underlined are added; Words Struck Thmugh are deleted.
(d) Has, when unprovoked, chased or approached a person upon the
streets. sidewalks, or any public grounds in a menacing fashion or apparent
attitude of attack, provided that such actions are attested to in a sworn statement
by one or more persons and dutifully investigated by the appropriate authority.
(2) Unprovoked means that the victim who has been conducting himself or
herself peacefully and lawfully has been bitten or chased in a menacing fashion or
attacked by a dog.
(3) Severe in;urv means any physical iniury that results in broken bones.
multiple bites, or disfiguring lacerations requiring sutures or reconstructive
surgery.
(4) Investigation is conducted by Domestic Animal Services. Animal services
must interview the dog's owner when possible and may require a sworn affidavit
from any person desiring to have a dog classified as dangerous.
B. Procedure.
(1) If the director of domestic animal services. or his or her designee, makes
an initial determination that a dog is dangerous, based on the initial investigation.
the county shall provide written notification of that determination to the owner of
the dog. Notice shall be by certified mail. by certified hand delivery, by service
pursuant to Chapter 48. F.S. ch.. FlO1ida Statutes, or as otherwise authorized by
Florida Statute. The director's initial determination shall automatically become
final unless the dog's owner, within seven calendar days after receipt of the notice,
files a written request for a hearing to challenge the director's initial
determination. The written request must be submitted to Domestic Animal
Services. If the dog's owner files a timely written request for a challenge hearing,
the effective date shall bc the date of the final decision of the challen?:e hearing
panel.
(2) Any owner of a dog that is initially declared dangerous by the director of
animal services may appeal that decision to a three-member appeals panel
consisting of the following members: General manager of the county humane
society or his or her cmployee desi?:nec, and any two employees in thc public
services department. not under the direction or control of the director of animal
control. who are chosen on a case-by-case basis by the public services
administrator. This hearing shall be held as soon as possible, but not marc than
21 calendar days and no sooner than 5 days after receipt of request from the
owner. The hearing may only be continued by agreement of both parties.
(3) If the determination is to uphold the dangerous dog classification, animal
services shall provide wlitten notification to the owner as required in subsection
(1) above. The dog owner may file a written rcquest for a hearing in county court
to appeal the classification within ten (10) business days after receiving notice.
This request for hearing must be filed with the county court, and a copy provided
to animal services within the time provided.
(4) If the dog is not impounded during this time. the dog must be humanely
and safely confined by the owner in a securely fenced or enclosed area pending
the outcome of the investigation and resolution of any hearings relatcd to the
dangerous dog classification.
(5) If the dog is impounded during this time, the owner is responsible for all
costs related to impoundment unless the owner ultimately prevails and the dog is
not declared dangerous.
C. Registration of Dangerous Dog and fees.
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Words Underlined are added; Words Struck Through are deleted.
(1) Registration of dangerous dog. Not later than fourteen (14) calendar days
after the final effective date, as specified above, that the do?: is determined to be a
dangerous dog. the dog's owner must file a complete written standard form
application with domestic anima] services to be issued a certificate of registration
for the dangerous dog. The duration of each certificate is 365 days. The
application/administration fee for each cel1ificate shall be $300.00 annually. A
complete application for the initial certificate of registration shall include: (i) the
filing fee and late fees, if any; (ii) a receipt or other written proof that the do?: has
been permanently identified as a dangerous dog; (iii) a color photograph that
clearly shows the front of each required sign posted at the premises of the
dangerous dog; and (iv) a current certificate of vaccination for the dog. Animal
services will provide the required sign. There shall be a late fee of $10.00 per day
for each day that the certificate is not issued.
(2) Animal services shall have up to ten days after receipt of a complete
application to make a site visit and issue the requested initial certificate.
(3) Annual renewal of certificate of registration. A standard renewal
application must be filed annually at least ten calendar days prior to the date that
the respective certificate is to expire. A complete application for a renewal
certificate shall include the $300.00 renewal/administrative fee, a then current
color photograph of each dan?:erous dog sign posted at the premises where the
dangerous dog resides, and a current certificate of vaccination. There shall be a
late fee of $10.00 for each day that a complete renewal application is not filed.
D. Violations.
(1) Failure to comply with the investigation shall be a violation of Collier
County ordinances and subject to a citation and/or fine in compliance with ~
828.27, Fla. Stat., and County Ordinance 93-56, as amended.
(2) Failure to register and comply with all requirements of this Ordinance and
the Florida Statutes and failure to timely claim a dog that is impounded with
animal services and that has been declared dangerous in compliance with this
section, will result in forfeiture of ownership of the dog. Animal services may
dispose of such an impounded dog, in a humane manner at the expense of the
owner if the owner does not make provisions to claim the dog within ten (10)
days of the latter of (1) the initial classification of the dangerous dog, (2) the
determination of a dangerous dog by the three member panel, or (3) the
conclusion of any appeal which is decided adversely to the owner and the dog is
finally classified as dangerous.
SECTION SIX: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SEVEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word. All references in the Code of Laws and Ordinances to Ordinance
No. 93-56 and its amendments shall be changed to reflect the number assigned to this Ordinance.
10
Words Underlined are added; Words 8tfl:lok Through are deleted.
SECTION EIGHT: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this J.3~ day of February, 2007.
ATTEST:
DWIGHf.R. BROCK, Clerk
. ; ."',
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
~
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By: _~.
JAMJ?S:COLETTA, Chairman
Approved as to form and
legal sufficiency:
C~~
Colleen M. Greene
Assistant County Attorney
This ordinance filed with the
S~c"fi~ory of ~ Offic~~4-
l~ay of I~-
and acknowledgement of ~I,Qt
~;;~~
Deputy C:lerk
11
Words Underlined are added; Words Struok Throl:lgh are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2007-23
Which was adopted by the Board of County Commissioners on
the 13th day of February 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th day
of February 2007.
DWIGHT E. BROCK
Clerk of Court~ aq~ Clerk
Ex-officio to:', .So'ard:.:pf
County Commis~ioners .,
~C~k~k
By:Teresa D~l~ard,
Deputy Cl'e'rk.
, ,