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Chapter 14 - AnimalsChapter 14 ANIMALS* Article I. In General Sec. 14-1. Porpoises, capture and transportation prohibited. Sec. 14-2. Possession, sale, etc., of certain fish prohibited. Secs. 14-3—14-25. Reserved. Article II. Animal Control Sec. 14-26. Title. Sec. 14-27. Adoption by reference, construction and purpose. Sec. 14-28. Definitions. Sec. 14-29. Authority of County Manager or Designee; Interference with Officer in Performance of Duty. Sec. 14-30. Enforcement. Sec. 14-31. Complaints. Sec. 14-32. Rabies control. Sec. 14-33. County Rabies/License certificate; tags, vaccination required. Sec. 14-34. Keeping/adopting stray animals. Sec. 14-35. General violations. Sec. 14-36. Animal care; manner of keeping. Sec. 14-37. Cruelty to animals. Sec. 14-38. Dangerous Dogs; Procedures. Sec. 14-39. Standards of care. Sec. 14-40. Penalties. Sec. 14-41. Disposition of impounded animals. Sec. 14-42. Wild Animals. Sec. 14-43. Psittacine birds. Sec. 14-44. Community cats. Sec. 14-45. Injury to animals by motor vehicles; reporting requirement. Sec. 14-46. Disposal of bodies of dead animals. Sec. 14-47. Tampering with animal traps or capture devices. Sec. 14-48. Livestock. Secs. 14-49, 14-50. Reserved. Article III. Equine Infectious Anemia Sec. 14-51. Definitions. Sec. 14-52. Construction. Sec. 14-53. Adoption of references. Sec. 14-54. Prohibited activities. Secs. 14-55—14-75. Reserved. Article IV. Standards of Care for Animal-Related Businesses and Organizations; Breeders; and Rodeos Sec. 14-76. Purpose of Ordinance. Sec. 14-77. General Standards of Care. *Cross references—Health and sanitation, ch. 66; discharge of firearms or hunting in subdivisions, § 94-62. Land Development Code reference—Prohibited animals in residential districts, § 2.6.23. Special Act reference—Special Acts pertaining to animals, ch. 210. State law references—Authority to act in the common interest of the people of the county and exercise all powers and privileges not specifically prohibited (all in a manner not inconsistent with law), F.S. § 125.01(1)(w); livestock at large, F.S. ch. 588; damage by dogs, F.S. ch. 767; cruelty to animals, F.S. ch. 828. CD14:1Supp. No. 116 Sec. 14-78. Proper Animal Husbandry. Sec. 14-79. Regulations for Animal-Related Businesses and Organizations. Sec. 14-80. Regulations for Rodeos. Sec. 14-81. Regulations for Breeders and Pet Shops. Sec. 14-82. Penalties. Secs. 14-83—14-105. Reserved. Article V. Animal Abuser Registry Sec. 14-106. Title. Sec. 14-107. Definitions. Sec. 14-108. Establishing an abuser registry. Sec. 14-109. Abuser registration requirements. Sec. 14-110. Prohibition on contact with animals. Sec. 14-111. Animal shelters, pet sellers, private citizens, or other entities prohibited from transferring animal ownership to abusers. Sec. 14-112. Penalties. Secs. 14-113—14-135. Reserved. COLLIER COUNTY CODE CD14:2Supp. No. 116 A § 14-25 ANIMALS ARTICLE I. IN GENERAL hybrid of the white amur.Accordingly,the prohibi- tions contained in subsection (a) of this section Sec. 14-1. Porpoises, capture and shall not apply to the introduction of the triploid transportation prohibited. hybrid of the white amur where such activities (a) It shall be unlawful for any person to are conducted in accordance with the terms of a capture or molest a mammalian dolphin, validly issued and valid permit from said corn- hereinafter referred to as a porpoise, or to mission. transport a porpoise from the waters of the county, except an agent of the state department of natural resources to determine the cause of,or (c) If any section,subsection,sentence,clause, to prevent the injury,death or disease of porpoises. phrase or portion of this section is for any reason held invalid or unconstitutional by any court of (b) It shall be unlawful for any person to competent jurisdiction, such portion shall be molest or capture a porpoise,in the waters of the deemed a separate, distinct and independent county, or to transport a porpoise from the provision and such holding shall not affect the waters of the county without written authoriza- validity of the remaining portion hereof. In the tion from the state division of marine resources event this section conflicts with other applicable to capture a porpoise specifically in the county or law, the more restrictive shall apply. If any part transport a porpoise from the waters of the of this section conflicts with any part, it shall be county. severed and the remainder shall have full force (c) Any person who violates this section shall and effect and be liberally construed. be guilty of a misdemeanor punishable according to law. (Ord. No. 72-8, § 1) (d) A violation of any provision of this section State law references—Penalty for ordinance violations, shall be prosecuted in accordance with general F.S. § 125.69;similar provisions,F.S. §370.28(3). law in the name of the state in the county court by the prosecuting attorney, and upon conviction Sec. 14-2. Possession, sale, etc., of certain shall be punished by a fine not to exceed$500.00 fish prohibited. or by imprisonment in the county jail not to (a) The possession,sale,importation or release exceed 60 days,or by both such fine and imprison- into any waters of the County of any of the ment. Each violation and each day a violation following fish is prohibited: continues shall constitute a separate offense. (1) White Amur or Grass Carp(Ctenopharyn The board of county commissioners shall have godon idella). the power to collaterally enforce the provisions of this section by appropriate judicial writ or proceed- (2) Walking catfish:Any member of the Clari- ing notwithstanding any prosecution as a idae family (Clarias, Heterophneustes, misdemeanor. Gymnallables, Channallables or Hetero (Ord. No. 74-9, §§ 1-4; Ord. No. 82 3, § 4; Ord. branchus genera). No. 2009 62, § 1) (3) Piranha (Sersalmus, Rooseveltilla and Cross references—Natural resources,ch.90;waterways, Pygocentrus genera). ch. 146. State law reference—Penalty for ordinance violations, (b) The State Game and Freshwater Fish F.S. § 125.69. Commission has recommended as a safe and useful aquatic plant management tool the use of the triploid hybrid of the white amur in enclosed bodies of water; and said commission issues Secs. 14-3-14-25. Reserved. permits for individual bodies of water which are subject to rules and regulations controlling the distribution, quantity and site for the triploid Supp. No. 77 CD14:3 4 14-26 COLLIER COUNTY CODE ARTICLE II. ANIMAL CONTROL* ascribed to them in this section, except where the context clearly indicates a different meaning: Sec. 14-26. Title. Abandon shall mean to forsake an animal entirely or neglect or refuse to provide or perform This Ordinance shall be known and may be the legal obligations for care and support of an cited as the "Collier County Animal Control animal by its Owner or its Custodian. Ordinance." (Ord. No. 2013-33, § 1) Animal means every living vertebrate other than a human being. Sec. 14-27. Adoption by reference,construe- Animal Control Officer shall be defined in tion and purpose. accordance with F.S. §828.27,as may be amended and shall be deemed appointed as an agent of the The Board adopts by reference as part of this County as contemplated in F.S. § 828.03. chapter, all laws of the State of Florida relating to animal control, animal welfare, and animal Animal cruelty, torture or torment shall be cruelty. It is the intent of the Board that this held to include every act, omission, or neglect whereby unnecessary or unjustifiable pain or chapter shall supplement the provisions of state suffering is caused, except when done in the law, including required procedures, and that in interest of medical science, or otherwise permit- the event of any conflict between the terms of ted under Florida Law. this chapter and state law,state law shall control. This Ordinance is enacted with the primary Animal hoarding means the activity of a purpose of insuring the health of the human person characterized by the following: esidents and visitors of the county and with the secondary purpose of insuring the health of the A. Failure to provide minimal standards of animals in the county. This Ordinance is to be sanitation, space, nutrition or veterinary liberally construed to affect those objectives. care for animals; and B. Attempts to accumulate or maintain a The Ordinance is established to support the collection of animals in the face of progres- mission of animal services, as established by the sively deteriorating conditions. Board of County Commissioners: To ensure compliance with local and State animal-related Animal related business means any for profit laws;to return strays to their owners and promote person or business required to hold a business the adoption of homeless animals to new families; tax receipt that renders services to,for or by any and to work toward ending the community domestic animal, excepting commercial problem of pet overpopulation. agricultural operations and the offices or practices (Ord. No. 2013-33, § 2) of State-certified and licensed veterinarians. Examples of animal-related businesses include, but are not limited to, boarding facilities, doggie Sec. 14-28. Definitions. day cares, groomers, pet shops, petting zoos, pony rides, stables, and training facilities. The following words,terms and phrases,when used in this Ordinance, shall have the meanings Animal related organization means any not for-profit entity that maintains premises for the *Editor's note--Ord. No. 2018-33,§ 1,adopted June 26, purpose of rendering services to, for or by any 2018, amended art. II in its entirety, except for §§ 14-26, domestic animal. Examples of animal-related 14-27 and 14-30 which remain as codified by Ord. No. organizations include, but are not limited to, 2013-33.Former§§14-28-14-42,pertained to similar subject matter,and derived from Ord. No. 2013-33,§§3,4,6-17. rescues that maintain premises as a central State law references—Dangerous dogs,F.S. §767.11 et location for their activities, sanctuaries, service seq.;local animal control ordinances,F.S. §828.27. dog organizations and animal shelters. Supp. No. 77 CD14:4 Animal services means the Collier County Domestic Animal Services Division. Animal services may be referred to herein as "Division." Animal services center means any place approved as such by the Board of County Com- missioners for the detention, care and/or treat- ment of animals in custody. At-large means off the premises of the owner and not under the direct control of the owner or other competent person, on a suitable leash of dependable strength sufficient to restrain the animal. Commercial Breeder means any person or business required to hold a business tax receipt who engages in the sale or breeding of three (3) or more litters of dogs or cats, per a one-year period or offers one (1) or more domestic cat(s) or dog(s) for breeding or stud purposes, producing three (3) or more litters per year, excepting service dog organizations that are members of Assistance Dogs International. Commercial breed- ers are subject to agricultural zoning require- ments of the Land Development Code. Community cat shall means any un-owned free-roaming cat that has been sterilized, vac- cinated against rabies, ear-tipped or ear-notched, implanted with an RFID, and returned to field and may be cared for by one (1) or more residents of the immediate area who is/are known or unknown. Community cat caregiver means any person who provides food, water, shelter, and/or cares for one (1) or more community cat(s) but who does not own, harbor, keep, or have custody, control, or charge of such cats. County veterinarian means a veterinarian, duly licensed by the state, appointed by the County Manager or designee to be a consultant to the county health department and to the County Manager or designee. Custodian means any person who is not the Owner of an animal, but is in possession of or control of an animal. Dangerous dog shall be defined in accordance with F.S. § 767.11, as may be amended. Direct control means the immediate, continu- ous physical control of an animal at all times by such means as a fence, tether, or suitable leash of dependable strength, sufficient to restrain the animal; or specially trained hunting animals engaged in legal hunting, or animals engaged in shows or organized obedience training programs where the animals respond to commands. Ear-notched means a "v" has been cut from the tip of the left ear of a cat. Ear-tipped means the tip of the left ear of a cat has been cut in a straight line. Free-roaming means any dog or cat found outdoors regardless of its appearance, behavior or ownership status. Grooming means that animals shall be groomed in such a manner to maintain health. Animals shall be provided with hair, hoof, claw, nail, tooth and beak care as appropriate and as necessary to maintain health and comfort. Health officer means the director of the County health department, or his designee. Hobby Breeder means any person who intentionally or unintentionally causes or allows the breeding or studding of one (1) or more domestic cat(s) or dog(s), producing one (1) to two (2) litters per household or premises per a one-year period, excepting service dog organiza- tions that are members of Assistance Dogs International. Livestock means all animals of equine, bovine, or swine class, including sheep, goats and other grazing animals. Owner means any person having a right of property in an animal. If the owner is a minor as defined by statute, the minor's parent(s) or legal guardian(s) shall be deemed the owner for purposes of this chapter. Pet dealer shall mean any person who, in commerce, for compensation or profit engages in the sale of a dog(s) or cat(s) for use as a pet but who does not engage in breeding dogs or cats. This definition excludes humane societies, private nonprofit animal organizations, animal rescue organizations and animal shelters. § 14-28ANIMALS CD14:5Supp. No. 116 Police working dog shall mean any dog owned by any State, County or municipal police depart- ment or any State or Federal law enforcement agency, which has been trained to aid law enforce- ment officers and is actually being used for police work purposes. Premises means the principal place of opera- tion for all animal-related businesses, animal- related organizations, commercial and hobby breeders, and rodeos, specifically where animals are housed on a day-to-day basis. Proper Enclosure for primary means of confine- ment for dogs means an enclosed or locked pen or structure, designed to prevent the animal from escaping. Such pen or structure shall be a structurally sound enclosure, made of materials impervious to moisture and shall also provide protection from injury and the elements. The square footage of a proper enclosure used as a primary means of confinement for a dog must be equal to or greater than the length of the animal from the tip of the nose to the base of the tail, doubled, then squared, and divided by 144. For example, a dog measuring 30 inches from the tip of the nose to the base of the tail will require a 25 square foot enclosure (30 x 2 = 60; 60 x 60 = 3,600; 3,600/144 = 25). The height of the enclosure shall be equal to or greater than the length of the animal from the tip of the nose to the base of the tail multiplied by 1.5. Psittacine birds means all birds commonly known as parrots, Amazons, Mexican double- heads, parakeets, African grays, cockatoos, macaws, lovebirds, loris, lorikeets, and other birds of the Psittacine family. Radio frequency identification device (RFID), commonly referred to as a Microchip, means a device that is implanted underneath the skin of a dog, cat or other animal that when scanned produces a unique number that identifies the animal and its owner, if properly registered. When present, an RFID with registration informa- tion shall be considered the primary indication of ownership. Rescue Organization, Animal Rescue Group, Animal-related organization shall mean a duly incorporated non-profit organization that has tax exempt status in accordance with Section 501(c)(3) of the United States Internal Revenue Code, founded or chartered with the primary mission being the welfare, care, and adoption/ placement of stray, abandoned, or surrendered animals, and which does not breed dogs or cats or obtain these animals for any form of payment or compensation from any source other than an animal shelter. Such organizations make pets available on a cost-recovery basis and/or foster animals or enlist others to foster animals. Rescue Pet Placement Partner means a group of persons who has completed a Collier County Pet Placement Partner application and is approved to rescue adopt animals from animals services, who hold themselves out as an animal rescue group, accept or solicit dogs, cats, or other animals with the intent of finding permanent adoptive homes or providing lifelong care for such dogs, cats, or other animals, and who use foster homes as the primary means of housing animals; or a group of persons formed for the prevention of cruelty to animals. Research or testing means any use of any animal in any vivisection, including demonstra- tion or practice surgery, medical or biomedical research, medical experimentation, medical or nonmedical education, or to test any medication, radiation, toxicity, element, chemical or chemical compound, or to study the effects of any consumer product on humans or animals, or for use in biological production or other substantially similar research or testing for scientific, medical, biomedi- cal, educational, or veterinary purpose, by any individual, school, college, university, hospital, laboratory, or any other institution or entity of any description, public or private. Such uses of an animal that does not expose any animal to any incision or puncture, to torture, torment, or cruelty, to any immediate or future damage or impairment, or to unusual stress, is not research or testing as defined herein. Rodeo means any event or show involving the use of equines, and/or bovines for the exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging, where a fee is charged to witness the event. § 14-28 COLLIER COUNTY CODE CD14:6Supp. No. 116 Shelter shall mean, provision of and access to a three-dimensional structure having a roof, walls and a floor, which is dry, sanitary, clean, weatherproof and made of durable material. At a minimum, the structure must: 1. Be sufficient in size to allow each sheltered animal to stand up, turn around, lie down, and stretch comfortably; 2. Be designed to protect the sheltered animal from the adverse effects of the elements and provide access to shade from direct sunlight and regress from exposure to inclement weather condi- tions; 3. Be free of standing water, accumulated waste and debris, protect the sheltered animal from injury, and have adequate ventilation and for dogs and cats, provide a solid surface, resting platform, pad, floormat or similar device that is large enough for the animal to lie on in a normal manner; and 4. Be properly lighted to provide a regular lighting cycle of either natural or artificial light corresponding to the natural period of daylight unless otherwise directed by a veterinarian. Structures with wire, grid or slat floors which permit the animal's feet to pass through the open- ings, sag under the animal's weight or which otherwise do not protect the animal's feet or toes from injury are prohibited except for birds where perches are provided. Standards of Care refers to a set of rules and regulations governing the care and feeding of animals maintained in or by animal-related busi- nesses, animal-related organizations, commercial breeders, hobby breeders, and rodeos, as adopted by the Board of County Commissioners. Sustenance shall mean access to and the provision of palatable nourishment appropriate for the type of animal which is to eat it, free from contamination and provided in a clean and sanitary manner. Food shall be of sufficient nutritional value to maintain the animal in good health and shall be provided at suitable intervals for the species, age and condition of the animal but not less than once daily except as otherwise prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fast- ing normal to the species. Tether means to restrain a dog by tying the dog to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tether- ing shall not include using a leash to walk a dog. Trap-neuter-vaccinate-return (TNVR) shall mean a program whereby a free-roaming cat is humanely trapped, spayed or neutered, vac- cinated against the threat of rabies, implanted with an RFID, ear-notched or ear-tipped; and returned to their original point of pick-up or other suitable location as part of a community cat management program. Unaltered shall mean an animal that has not been sterilized. Unprovoked means that a person, who has been conducting himself or herself peacefully and lawfully, has been bitten or chased in a menacing fashion or attacked by an animal. The meaning of "unprovoked" as it relates to Section Thirteen (§ 14-38) shall follow the definition as provided in F.S. ch. 767. 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. Water shall mean provision of, and access to, clean, fresh, potable water, of a drinkable temperature, which is free from contamination, and provided in a suitable manner, in sufficient volume, and at suitable intervals, to at all times maintain normal hydration for the age, species, condition, size and types of each animal, except as otherwise prescribed by a veterinarian or as dictated by naturally occurring states of hiberna- tion. § 14-28ANIMALS CD14:7Supp. No. 116 Wild animal means any living non- domesticated species defined as wildlife by the wildlife code of the state fish and wildlife conserva- tion commission. (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Cross reference—Definitions generally, § 1-2. Sec. 14-29. Authority of County Manager or Designee; Interference with Officer in Performance of Duty. 1. The County Manager or designee shall have all necessary authority to enforce this Ordinance, and pick up, catch or procure any animal in violation of this Ordinance, and have such animal impounded within the animal services center or other designated place. 2. The County Manager or designee 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. 3. It shall be unlawful for a person to interfere with, hinder, molest or abuse the County Manager or designee, the health officer, or any of their subordinates in the performance of their lawful duties under this Ordinance or under Florida law. 4. It shall be unlawful for any owner of any animal to refuse to surrender such animal for impoundment or quarantine as provided by this Ordinance when demand for surrender of the animal is made by the health officer, County Manager or designee, or other enforcement officer. 5. The County Manager or the Sheriff of Collier County, or their respective designees, shall have the authority to destroy any free roaming untagged dog or cat when other reason- able 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 investiga- tion 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. (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-30. Enforcement. 1. By animal control enforcement officer and sheriff. The County Manager or designee, any animal control enforcement officer, or officer of the sheriffs office, is empowered to enforce this Ordinance. 2. By municipal police. Upon resolution approved by the governing board of any incorporated municipality within the confines of the county, the police force of any such municipal- ity is empowered to enforce the provisions of this Ordinance within that municipal corporation. 3. By agents, employees of animal services department. A. Designation. The County Manager or designee is hereby authorized to designate agents or employees of the county depart- ment of animal services as animal control enforcement officers. It shall be the responsibility of the County Manager or designee to determine the training and qualifications of any employee or agent so designated, subject to minimum requirements specified in F.S. § 828.27. B. Authorization. It shall be the duty of any person designated as an animal control enforcement officer to enforce this Ordinance and subsequent amendments hereto relating to animal control. C. Authorized to issue penalties. Any person designated as an animal control enforce- ment officer is hereby authorized to issue penalties as outlined in Section Fifteen for violations of this Ordinance and subsequent amendments hereto. The form of penalty issued may be determined at the discretion of the animal control officer or officer of the sheriffs office, but shall be commensurate with the severity of the infraction and any history of violation of the recipient. § 14-28 COLLIER COUNTY CODE CD14:8Supp. No. 116 D. Limitation of powers. Nothing herein contained shall be construed to authorize or permit any person designated as an animal control enforcement officer pursu- ant to this section, to perform any func- tion or duties of a law enforcement officer other than specified herein. No such officer shall make physical arrests or take any person into custody. All such officers shall be exempt from the require- ments relating to the state high-hazard retirement program and police standards and training commission as defined or referred to by F.S. § 122.34 and F.S. ch. 943. (Ord. No. 2013-33, § 5; Ord. No. 2024-26, § 1) Sec. 14-31. Complaints. 1. Complaints for alleged violation(s) of this Ordinance shall be communicated to the County Manager or designee, sheriffs office or police department. Upon receipt of a complaint, an investigation shall be conducted to determine if there is any violation of this Ordinance. If it is ascertained that any provision of this Ordinance is being violated, proper and lawful action will be taken to enforce this Ordinance. 2. Upon receipt of more than one "affidavit" for any violation of this Ordinance, each prepared and signed independently by a resident/visitor (at least one affidavit must come from a resident of the County) of a separate dwelling in the vicinity of the violation, and acknowledged under oath before an individual authorized by law to take acknowledgements, or one adult witness who is a resident of the County who submits an "affidavit" with a recorded video or photograph showing an alleged violation, setting forth the complained of acts, an enforcement officer shall investigate the facts to determine if the acts complained of are a violation. The video or photograph shall be considered upon proof of date and time or reliable indications of date and time as determined by the County Manager or designee. If upon the review of the above the County Manager or designee determines that a violation has occurred, a penalty may be issued for the violation, including, subject to F.S. § 828.27, and conditions of this Ordinance, a mandatory court appearance or appearance before the special magistrate. 3. Intentional falsification of information on an "affidavit" shall be a violation of this Ordinance, and punishable as provided in Section Fifteen [§ 14-40]. (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-32. Rabies control. 1. A rabies control program, including the investigation of all reported animal bites, may be carried out through a mutual agreement with the Florida Department of Health using the requirements of Florida Department of Health Rules and Regulation, Chapter 64 D-3, Florida Administrative Code, and/or this Ordinance as a basis for enforcement and program implementa- tion. 2. Any person having knowledge of an animal biting, scratching or otherwise wounding a person by contact shall immediately report the facts to the County health department or to the Division, if known, including: A. The victim's name, approximate age, and address; B. The animal owner's name and address; C. The animal's description and location; and D. Name(s) and description(s) of other persons and animals involved. 3. An animal known to have bitten or a cat that has scratched a human or an animal suspected of having rabies shall, if possible, be captured or taken into custody by the County Manager or designee, police, sheriffs office, or health officer. A. Any dog or cat without a current rabies vaccination that has bitten, is believed to have bitten or has otherwise exposed a person to rabies or is suspected of having rabies shall be quarantined for rabies observation. The Owner of such dog or cat shall relinquish control of the dog or cat for the purpose of quarantine. The dog or cat shall be quarantined at the § 14-32ANIMALS CD14:9Supp. No. 116 owner's expense for a period of ten (10) days from the date of the bite at the animal services or at an approved hold- ing facility of a local veterinarian. It shall be unlawful for any person to fail to surrender any such dog or cat for rabies quarantine. Additionally, it shall be unlawful for any person to fail to inform the Division of any such dog or cats last known whereabouts if the owner has relinquished possession of said dog or cat or caused said dog or cat to be taken from the owner's premises. B. Any dog or cat with a current rabies vaccination that has bitten, is believed to have bitten or has otherwise exposed a person to rabies may be quarantined at home. The County Manager or designee, and/or the County Florida Health Depart- ment, shall have the authority to grant or deny permission for home quarantine privilege. If at any time during the quarantine period the County Manager or designee determines that the Owner of the dog or cat is not able to sufficiently confine the dog or cat, the Owner shall relinquish control of the dog or cat to animal services. The dog or cat will be confined in the custody of animal services or at an approved holding facility of a local veterinarian for the remainder of the quarantine period at the Owner's expense. C. Earnotched or eartipped community cats that have bitten, are believed to have bitten or have otherwise exposed a person to rabies or are suspected of having rabies shall be quarantined for rabies observation for a period of ten (10) days from the date of the bite at animal services or at an approved holding facil- ity of a local veterinarian, if possible. If the cat cannot be trapped for impound- ment, it will be observed daily by its community cat caregiver. Community cats that are not earnotched or eartipped will be deemed to be unvaccinated. 4. Wild animals that are susceptible of carry- ing rabies, that are being held in captivity, or possessed as pets by private persons who are properly licensed, but which animals have not been vaccinated with a proven anti-rabies vac- cine that has been developed for that specified species of animal and which vaccine is recognized as an effective vaccine by the health officer, or for which no known rabies incubation period has been established by research recognized by the health officer, which animal has either bitten a human being or which animal is suspected of having rabies, shall be impounded and quarantined by the County Manager or designee upon the recommendation of the health officer. The animal will be held in quarantine for a specified period of time as directed by the health officer. A. A wild animal may be euthanized at the discretion of the health officer for the purpose of laboratory analysis to determine if the animal is rabid when the health and/or welfare of the person bitten by that animal is in jeopardy. B. The decision whether to euthanize the animal will be based upon history of possible exposure of the animal to rabies and is at the discretion of the health officer. 5. Any animal possessed in a licensed attrac- tion, zoo, circus, or educational institution, and that is known to have bitten a human being, shall be isolated and subjected to a quarantine period at a location as directed by the health officer or County Manager or designee. In determining the quarantine and location, the decision will be made on the history of the animal's possible exposure to rabies. 6. No animal may be removed from the place of quarantine without the prior written authoriza- tion of the health officer or County Manager or designee. If any animal dies during quarantine, the person holding the animal in quarantine shall immediately notify the health officer or County Manager or designee, and shall immediately surrender the body of the animal without altering the body in any manner. § 14-32 COLLIER COUNTY CODE CD14:10Supp. No. 116 7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is bitten by a known rabid animal shall be immediately destroyed. If it is an owned animal, however, the owner may elect to have the animal confined and quarantined at the animal services center, or at another location approved by the health officer or County Manager or designee, for a period of up to six months. All costs of the detention of the animal will be at the expense of the owner. 8. The County Manager or designee, sheriff or municipal police officer shall have authority to kill an animal in order to procure an animal that is susceptible of carrying rabies and that is known to have bitten a human being or is suspected of having rabies, provided that all other reasonable means and methods under the circumstances to capture the animal have failed. The head of the animal, intact, shall then be submitted to a designated laboratory to be analyzed for rabies infection. 9. Owners whose animals have been reported to have bitten any person, shall provide the Director or designee all necessary information by telephone, correspondence or records at animal services, to determine the vaccination status and quarantine requirements for the animal and to place an animal on home quarantine. 10. The following fees shall be imposed, in amounts set forth by resolution of the Board, for carrying out the rabies control program: A. Field officer fee. Owners whose animals have been reported to have bitten any person, shall be charged a fee when the County Manager or designee is not able to obtain all necessary information pursu- ant to Section Seven, subsection 2 herein and an animal control officer is dispatched to secure or obtain the required bite information and place an animal on quarantine. B. Transportation fee. Owners whose animals have been reported to have bitten any person and who are required to have such animal quarantined at an approved quarantine facility, shall be charged a transportation fee when the Owner has failed to transport said animal to a quarantine facility within twenty-four (24) hours after notification, requiring transportation by the Division. C. Quarantine release fee. At the end of each quarantine period for rabies observation, owners whose animals have been reported to have bitten any person are required to call the Division to verify that said animal is alive and healthy to assure that it is free of rabies infection. A quarantine release fee shall be charged when the owner fails to call or the Division is unsuccessful at reaching the owner by phone within forty-eight (48) hours fol- lowing the expiration of the quarantine period, requiring an animal control officer to observe the animal. D. Quarantine at the Division fee. Owners whose animals are quarantined at the Division for a rabies quarantine shall be charged a quarantine fee, which shall be paid by the owner at the beginning of the quarantine period. The owner shall be responsible to pay for any medical care provided during the quarantine period at the conclusion of the quarantine period. The Owner is also responsible to pay for, if applicable, mandatory sterilization, vac- cination against the threat of rabies, implantation of a RFID, and purchase of a County rabies/license tag if not cur- rent. E. Except as specifically provided by this Ordinance, an invoice reflecting fees imposed pursuant to this section shall be sent to the Owner of the animal. Pay- ment shall be made by the Owner within thirty (30) days of receipt of said invoice. Failure to pay within such time will result in a late fee. (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-33. County Rabies/License certificate; tags, vaccination required. 1. Any owner of a dog or cat shall obtain a County rabies/license tag for each such animal when the animal is four months old or older. A. In the case of a newly acquired dog or cat, the Owner shall obtain a County rabies/license tag within fifteen (15) days of acquisition. § 14-33ANIMALS CD14:11Supp. No. 116 B. In the case of a new resident to the County, the Owner shall obtain a County rabies/license tag within fifteen (15) days of establishing residency. C. No County rabies/license tag for dogs or cats shall be issued or renewed by a veterinarian or authorized agent until evidence of vaccination for rabies by a licensed veterinarian has been presented. Upon vaccinating a dog or cat against rabies, authorized veterinarians/clinics may have available for purchase by the dog or cat owner, a County rabies/license tag. The County rabies/license tag will be valid for a period of one (1) or three (3) years from the date of vaccination, depend- ing on the expiration date of the rabies vaccination the animal receives, and is required to be renewed annually or trien- nially thereafter and must remain cur- rent at all times. No County rabies/license tag shall be valid after the expiration of the rabies vaccination, regardless of the date of issuance. Failure to secure and purchase a new County rabies/license tag within thirty (30) calendar days after the previ- ous tag expires will result in a late penalty established and revised by resolu- tions adopted by the Board of County Commissioners. D. The record corresponding to the County rabies/license tag shall contain the name of the owner, address, breed, sex and color of each animal, or other descriptive data. E. A tag designating the license number shall be issued. F. All dogs shall be required to wear a valid County rabies/license tag. The tag shall be affixed to the dog's neck by a collar, harness, or other substantial device at all times, except when the animal is confined in a secure enclosure, as long as the tag is securely fastened to a collar/ harness and that device is attached to the enclosure, except when a dog is securely confined in the residence. Dogs participating in a registered match, confirmation show, field trial, or obedi- ence trial are not required to wear such tags during the time of the event. G. All cats, other than community cats, shall be required to wear a valid County rabies/license tag. The tag shall be securely fastened around the cat's neck by a collar, harness or other substantial device so as to be clearly visible at all times. Cats, other than community cats, may be exempt from wearing the required license tag while kept in a secure enclosure as long as the tag is securely attached to the enclosure or while within the owner's residence as long as the tag is provided to an officer upon request. H. The County rabies/license tag issued under this section shall not be transfer- able from animal to animal or from owner to owner. I. Each County rabies/license tag must be obtained from persons designated by the County Manager or designee. License forms provided by the County Manager or designee for the registration and licens- ing of dogs and cats shall be completed and be submitted to the County Manager or designee. J. A replacement tag must be purchased and in place within fifteen (15) calendar days if the original tag is lost, misplaced, or stolen at a reduced amount as established by resolution of the Board of County Commissioners. K. Veterinarians and authorized agents are authorized to sell dog County rabies/ licenses and cat County rabies/licenses and cannot charge more for the tag than is established and revised by resolutions adopted by the Board of County Commis- sioners. The veterinarian and authorized agents must submit payment to Animal Services for each tag sold during the previous 30 days. Veterinarians and authorized agents are authorized to charge a surcharge for this service. The amount of the authorized surcharge is established § 14-33 COLLIER COUNTY CODE CD14:12Supp. No. 116 and revised by resolutions adopted by the Board of County Commissioners. County rabies/license tags will be furnished by the County to the veterinar- ian and authorized agents. L. Veterinarians and authorized agents must keep complete and accurate records of tags sold and on hand as inventory. All theft or loss must be reported immediately to the proper authority and a copy of the official law enforcement report must be provided to Domestic Animal Services. Unexplained shortages/losses of tags, or sale(s) of tags at the incorrect price(s), are the responsibility of the Veterinar- ians and authorized agents. M. License fees are not required for Police Working Dogs; but such animals must be licensed and must have received their rabies vaccination. In order to receive these license tags at no charge, the owner must have the animal licensed through animal services. Police working dogs vac- cinated anywhere else will be liable to pay the surcharge imposed by the veterinarian only. 2. Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for rabies when the animal is four months old or older. The owner of every dog, cat, and ferret shall have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall provide proof of vaccination upon demand of the health officer or his designee or any other person authorized to enforce this Ordinance. Animal services may deny issuance of a County rabies/ license tag to any animal without a current rabies vaccination. No vaccination is required if a licensed veterinarian certifies in writing that the vaccination would endanger the animal's health. 3. Upon vaccination against rabies, the licensed veterinarian shall provide the animal's owner and the animal control authority with a rabies vaccination certificate as defined in F.S. § 828.30. Veterinarians shall provide rabies vaccination certificates to Domestic Animal Services within thirty (30) days of vaccination or immediately upon request of Domestic Animal Services in conjunction with an investigation or other enforce- ment purposes. 4. Animal-related organizations in good stand- ing with animal services and Pet Placement Partners, with a valid tax exemption under Internal Revenue Code Section 501(c)(3), approved to adopt animals from animal services that are housing cats and dogs in foster or sanctuary type settings as an alternative to humane euthanasia may acquire a blanket license for all cats and dogs housed. 5. License fees are established and revised by resolutions of the Board of County Commission- ers. A portion of each non-neutered/non-spayed animal license fee will be deposited in the County Animal Care Sterilization trust fund for the purpose of funding the County's neuter/spay program. The amount to be deposited is established and revised by resolutions adopted by the Board of County Commissioners. 6. Owners of animals who visit Collier County or reside in Collier County for less than thirty (30) days per year are exempt from the County rabies/license tag requirement provided that they have proof of a valid current rabies vaccination from another jurisdiction. (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-34. Keeping/adopting stray animals. 1. It shall be unlawful for any person in the County to harbor or keep any stray or apparently lost animal unless he/she has notified the Divi- sion within twenty-four (24) hours from the time such animal came into his/her possession. Upon receiving such notice, the Division may require the person to bring the animal to the Division for identification or sheltering, if necessary. 2. Adopting stray found animals. A resident who possesses a stray dog or cat and who wishes to provide it a permanent home, shall apply to legally adopt such animal by adhering to the following procedures: A. Take the found stray animal to the Divi- sion to be scanned for a RFID and checked § 14-34ANIMALS CD14:13Supp. No. 116 for a tattoo. An exception to this require- ment is for the potential adopter to take the dog or cat to a local veterinarian or another animal shelter to be scanned for an RFID and checked for a tattoo. Proof must be presented to the Division that these requirements have been met. The applicant will not be permitted to adopt a stray dog or cat where an owner is discovered and has not formally forfeited the animal to DAS. B. Provide the Division with clear identify- ing color photographs showing the animal from a side view and a front view. Each photograph must have a minimal dimen- sion of three (3) inches by three (3) inches. It is also recommended that the potential adopter place a "found" advertisement in at least one (1) local newspaper of general circulation. C. Complete an official "found" pet form which provides all appropriate identify- ing information for the animal. D. Sign an adoption agreement and pay all necessary fees and deposits. The prospec- tive owner, at his/her option and expense, may make an appointment at the Divi- sion to secure the required vaccinations, tests, RFID and sterilization or may secure these requirements through a private veterinarian. All deposits will be refunded when proof is shown that the new owner has complied with these requirements. No sooner than thirty (30) days after completing the official "found" pet form and not to exceed forty-five (45) days. 3. If the animal becomes injured or sick while under the potential adopter's care, that person shall be required to pay all necessary veterinary expenses. If the adopter does not wish to pay for needed treatment, the animal must be relinquished to the Division. The potential adopter shall lose all rights and claims to the animal. 4. All potential adopters must agree to relinquish the found dog or cat to its rightful owner after proof of ownership has been demonstrated and/or until such time as the Division approves and releases the animal to the new adopter, no sooner than thirty (30) days after completing a "found" pet form. All potential adopters will relinquish the found dog or cat to the Division upon request if the potential adopter fails to return the animal to the rightful owner for reunification. 5. Such animal(s) may become the property of a person only if the following requirements are also met: A. Photographs and identifying information have been posted at the Division for fifteen (15) business days; B. The animal has been given a rabies inoculation and County rabies/license tag; C. The animal has been sterilized; and D. The animal has been implanted with an RFID and the RFID is registered to said person. The requirements herein must be secured within fifteen (15) calendar days after animal services approves the adoption application. Extensions may be granted by animal services for reason- able requests. Any deviation from these adoption requirements by the potential adopter will void the adoption. 6. At its discretion, the Division may refuse an adoption of an animal if it is determined that the adoption is not in the best interest of the animal or the health, safety and general welfare of the public. Factors to be considered may include those factors set forth in Section Sixteen (§ 14-41) of this Ordinance. (Ord. No. 2018-33, § 1) Sec. 14-35. General violations. 1. It shall be unlawful for the owner of an animal to allow or permit his or her animal: A. To be upon the beaches of the county, whether fettered or unfettered, unless the area has been designated by the board as suitable for use by such animals, except for service animals as defined in F.S. § 413.08, or animals used by law enforcement officers or county ordinance enforcement personnel. § 14-34 COLLIER COUNTY CODE CD14:14Supp. No. 116 B. To run at large in or upon any public street, road, sidewalk, other public place, or upon private property without the expressed or implied consent, subject to zoning, of the owner or any lessee of such private property. C. To be upon public school grounds or public playground in the county, whether fettered or unfettered, except for service animals as defined in F.S. § 413.08. D. To enter any building where food is stored, prepared, served or sold to the public, or any other public building or hall; provided, however, that this provi- sion shall not apply to service animals as defined in F.S. § 413.08, to public build- ings used for animal shows or exhibi- tions, or to dogs used for enforcement by any law enforcement officer or code enforcement officer. E. To be upon private or public property so as to damage or destroy any property of another including, but not limited to, the unprovoked biting, attacking, or wound- ing of another person's animal(s) or thing of value. F. To defecate and create a sanitary nuisance thereon, including defecating upon roadways, road rights-of-way, sidewalks, or other property. A sanitary nuisance exists whenever the feces are not immediately removed and properly disposed. G. To chase, run after, or jump at vehicles or bicycles using any road or road right-of- way. H. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right-of-way, persons lawfully on their own property, or persons law- fully on property of another with permis- sion of the owner or person in possession or control of the property. I. It shall be unlawful for the owner, or any caretaker of an animal or animals to allow the animal(s), to bark, meow, whine, howl, or to make other sounds common to the species, persistently or continuously for a period of 30 minutes or longer when the animal is not contained within an enclosure sufficient to baffle loud noises and render them reasonably unobjection- able. This subsection shall not apply to animals maintained on land zoned for agricultural purposes, nor shall it apply to a properly permitted animal shelter established for the care and/or placement of unwanted or stray animals, nor a properly zoned commercial boarding kennel or other animal facility. An owner or custodian of the animal(s), may be cited for a violation of this section when either the investigating officer has received, from at least two unrelated adult witnesses from different residences, a sworn affidavit of complaint attesting to the committing of a nuisance pursuant to such section or subsection, upon receipt of one affidavit as described above accompanied with a photograph or video recording with indicia of reliability as to date and time of the recording, or the citing officer has witnessed the commis- sion of such a nuisance. Affidavits attest- ing to the nuisance must come from residents within a three-block radius (approximately 900-foot radius). J. No owner or caretaker of an animal(s) shall permit the animal, either willfully or through failure to exercise due care or control, to bite, attack or wound a human without provocation while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such animal. K. Any cat that is outdoors while not under direct control must be sterilized. 2. It shall be unlawful to keep any female dog or cat 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 or cat can come in contact with any male dog or cat except for intentional breed- ing with a specific male dog or cat. (Ord. No. 2018-33, § 1) § 14-35ANIMALS CD14:15Supp. No. 116 Sec. 14-36. Animal care; manner of keep- ing. 1. No person who is the owner or possessor or who has charge or custody of an animal shall fail to provide: A. Shelter (as defined herein) for the animal; B. Water (as defined herein) for the animal. An animal confined outdoors shall have a continuous supply of clean, fresh, and potable water, unless the animal is under the direct supervision of a responsible person at events such as dog or cat shows or field trials. In such cases, the responsible person shall ensure suf- ficient water is provided to the animal in order to maintain normal hydration for the species of animal; C. Clean, sanitary, safe and humane condi- tions; D. Medical attention and/or necessary veterinary care when an animal is sick, diseased or injured; Upon request by the Division, written proof of veterinary care must be provided; E. Adequate sustenance (as defined herein) to any animal; F. Grooming (as defined herein) for the animal; and G. Humane care and treatment. 2. No person shall engage in animal hoard- ing. 3. Shelter for equine, bovine, ovine and porcine normally maintained in outdoor areas must: A. Provide protection from the direct rays of the sun and the direct effect of wind and rain; B. Provide a wind break and rain break; C. Provide a solid roof; D. Provide protection from the elements at all times; and E. Provide space for each animal to comfort- ably stand up, sit down, lie down and turn around in the shelter. If the shelter is used for more than one (1) animal at the same time, it must provide enough space for each animal to comfortably stand up, sit down, lie down and turn around simultaneously. 4. It shall be unlawful for any person maintain- ing equine or ovine to fail to keep hooves trimmed so as to prevent lameness and extreme overgrowth causing deformities. 5. To keep horses, cattle, or other livestock in a manner inconsistent with recognized livestock husbandry practices. 6. It shall be unlawful for the owner of an animal to allow or permit his or her animal: A. To be abandoned. Abandonment shall constitute the relinquishment of all rights and claims by the Owner to such animal in accordance with F.S. § 705.19. Com- munity Cats shall not be considered abandoned when returned to the original point of pick-up or other suitable location as part of a community cat management program. B. 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. 7. An Animal Control Officer shall free any animal left unattended in a motor vehicle if the animal appears to be in imminent danger or distress or if the interior of the vehicle reaches a temperature of eighty (80) degrees Fahrenheit or higher for a period of five (5) minutes or longer. The Animal Control Officer shall first attempt to locate the owner. If unable to do so in a reason- able time, with due consideration given as to the peril to the animal, the Animal Control Officer shall free the animal in a manner which is calculated to cause the least damage to the vehicle as necessary to safely remove the animal. § 14-36 COLLIER COUNTY CODE CD14:16Supp. No. 116 Once freed, the animal is to be brought to an animal services center, or veterinarian, and the Owner promptly notified. 8. No person shall transport or carry any dog or other animal in a motor vehicle unless the animal is safely enclosed within the vehicle or trailer. If a person is transporting or carrying an animal in an unenclosed or partially enclosed vehicle including, but not limited to, convertibles, pick-up and flat-bed trucks, the person shall confine the animal in a container, case, or other device that is of proper and adequate size to prevent the animal from falling from or jumping from the motor vehicle. 9. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purposes. 10. Any enclosure used as a primary means of confinement for a dog must meet the definition of proper enclosure as stated in this Ordinance. It shall be unlawful for a responsible party to tether a dog while outdoors, except when all of the following conditions are met. This section shall not apply to the transportation of dogs: A. The dog is in visual range of the responsible party, and the responsible party is located outside with the dog. B. The tether is connected to the dog by a buckle-type collar or a body harness made of nylon or leather, not less than one inch in width. C. The tether has the following properties: It is at least five times the length of the dog's body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than 1/8 of the dog's weight; and it is free of tangles. D. The dog is tethered in such a manner as to prevent injury, strangulation, or entanglement. E. The dog is not outside during a period of extreme weather, including without limita- tion extreme heat or near-freezing temperatures, thunderstorms, tornadoes, tropical storms or hurricanes. F. The dog has access to water, shelter and dry ground. G. The dog is at least six months of age. Dogs under six (6) months of age shall not be tethered. H. The dog is not sick or injured. I. Pulley, running line, or trolley systems are at least 15 feet in length and are less than 7 feet above the ground. J. If there are multiple dogs, each dog is tethered separately. 11. Any enclosure used as the primary confine- ment of cats shall provide the following condi- tions: A. Cats must be provided access to a receptacle containing sufficient clean litter for excreta and body wastes. B. Cats must be provided solid resting surface(s) that are large enough to hold all cats comfortably. 12. The County Manager or designee shall impound or make the subject of an order to provide care any animal found to be cruelly treated as defined in this Ordinance or under Florida Law, as outlined in F.S. § 828.073, as may be amended. 13. Whoever violates any provision of this section shall forfeit his right to license any additional animals in the County for one year in addition to any other penalty provided by this Ordinance or otherwise by law. Any ownership of such animals without benefit of a license shall be deemed an additional violation of this Ordinance. (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-37. Cruelty to animals. 1. It shall be unlawful for any person to: A. Fight or bait animals as set forth in F.S. § 828.122, commonly known as "The Animal Fighting Act." § 14-37ANIMALS CD14:17Supp. No. 116 B. Maim or disfigure any dog, cat, or other animal. A person shall not crop the ears or dock the tail of any dog, unless the person employs a veterinarian to perform the cropping and docking. If a person possesses a dog with an ear or ears cut off or cropped, or tail docked, and with the unhealed wound, then that posses- sion is prima facie evidence of a violation of this section, unless the cropping or docking was performed by a veterinarian and the documentation to prove this is provided the Division upon demand. C. It shall be unlawful for any person to leave or deposit any poison or any substance containing poison in any common street, road, alley, lane or thoroughfare of any kind, or in any yard or enclosure other than that person's own yard or enclosure, for the purpose of inflicting injury or killing any animal other than a common rat or mouse. D. Confine animals without sufficient food, water, or exercise, or abandon to die any animal that is maimed, sick, infirm, or diseased, as prohibited in F.S. § 828.13. E. Commit an act of animal cruelty in viola- tion of F.S. § 828.12. F. Beat and cause unnecessary injury and suffering to any animal. G. Work an animal in a sick, diseased or injured condition. H. To keep horses, cattle, or other livestock in a manner inconsistent with recognized livestock husbandry practices. 2. A person may not: A. Knowingly engage in any sexual conduct or sexual contact with an animal; B. Knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal; C. Knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control; or D. Knowingly organize, promote, conduct, advertise, aid, abet, participate in as an observer, or perform any service in the furtherance of an act involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose. 3. The County Manager or designee shall impound or make the subject of an order to provide care any animal found to be cruelly treated as defined in this Ordinance or under Florida Law, as outlined in F.S. § 828.073, as may be amended. 4. Whoever violates any provision of this Sec- tion shall forfeit his right to license any additional animals in the County for one year in addition to any other penalty provided by this Ordinance or otherwise by law. Any ownership of such animal without benefit of a license shall be deemed an additional violation of this Ordinance. 5. To the extent permitted by law and not inconsistent with this Section the following por- tions of the Florida Statutes, in their current form and as subsequently amended, are hereby adopted and incorporated by reference except as to penalty, and shall be part of this Section as if they were set out in full and punishable as civil infractions: A. F.S. § 828.058; B. F.S. § 828.065; C. F.S. § 828.08; D. F.S. § 828.12; E. F.S. § 828.121; F. F.S. § 828.122; G. F.S. § 828.123; H. F.S. § 828.1231; I. F.S. § 828.125; J. F.S. § 828.13; K. F.S. § 828.14; L. F.S. § 828.16; M. F.S. § 828.161; N. F.S. § 828.22; O. F.S. § 828.23; § 14-37 COLLIER COUNTY CODE CD14:18Supp. No. 116 P. F.S. § 828.24; and Q. F.S. § 828.252. (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-38. Dangerous Dogs; Procedures. 1. Dangerous Dog Procedure. A. All definitions as set forth in F.S. ch. 767 shall be incorporated herein. The provi- sions of F.S. ch. 767, as may be amended, pertaining to dangerous dogs are adopted in their entirety as part of this Section. All procedures, regulations, require- ments, and restrictions, pertaining to dangerous dogs are applicable under this article, and a violation of state law shall constitute a violation of this Ordinance. To the extent that any provision in this Ordinance conflicts with F.S. ch. 767, the statute shall control. B. The County Manager or designee shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, and is not impounded with animal services, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to animal services. No dog that is the subject of a dangerous dog investiga- tion may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. C. Animal services may impound any dog under investigation if the owner is unable or unwilling to securely confine the dog during the investigation. Upon written notice from animal services, the owner must allow access to the dog for the purposes of impoundment. If the dog is impounded during this time, the owner is responsible for all costs related to impoundment unless the owner ultimately prevails and the dog is not declared dangerous. D. A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. E. If the County Manager or designee makes an initial determination that a dog is dangerous, based on the initial investiga- tion, the County shall provide written notification of that determination to the owner of the dog. Notice shall be by certified mail, by certified hand delivery, by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida Statute. The County Manager's or designee'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 County Manager's or designee's initial determination. The writ- ten request must be submitted to animal services. If the dog's owner files a timely written request for a challenge hearing, the effective date of the determination shall be the date of the final decision of the Special Magistrate. F. Any owner of a dog that is initially declared dangerous by the County Manager or designee may appeal that decision to the Code Enforcement Special Magistrate. This hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 days § 14-38ANIMALS CD14:19Supp. No. 116 after receipt of request from the owner. The hearing may only be continued by agreement of both parties. G. If the Special Magistrate's determination is to uphold the dangerous dog classifica- tion, animal services shall provide writ- ten notification to the owner as required above. The dog owner may file a written request for a hearing in circuit court to appeal the classification within ten (10) business days after receiving notice. This request for hearing must be filed with the circuit court, and a copy provided to animal services within the time provided. Any such appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Special Magistrate. 2. Registration of dangerous dog and fees. A. Registration of dangerous dog. Not later than 14 calendar days after the final effective date, as specified above, that the dog is determined to be a dangerous dog, the dog's owner must file a complete written standard form application with animal services to be issued a certificate of registration for the dangerous dog. The application/administration fee for each certificate shall be established by Resolution of the Board of Commission- ers. A complete application for the initial certificate of registration shall include: (i) the filing fee and late fees, if any; (ii) a color photograph of dog and a signed acknowledgement form that the dog will be identified by name and address on the Collier County Animal Services website; (iii) a receipt or other written proof that the dog has been permanently identified (via microchip); (iv) a current certificate of vaccination, against rabies for the dog; and (v) a receipt or other written proof that the dog has been spayed or neutered by a licensed veterinarian. If there is a medical or other reason that the dog cannot be spayed or neutered, the owner will provide the reason in writing signed by a Collier County licensed veterinar- ian. B. Within ten (10) days of receipt of a complete application, animal services will make a site visit to ensure provision of a proper enclosure, and posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. Animal services will provide two (2) of the required signs. Upon completion of a successful site visit, animal services will issue the requested initial certificate. The dura- tion of each certificate is 365 days. There shall be a late fee for each day that the certificate is not issued, and such late fee shall be determined by a Resolution of the Board of County Commissioners. C. Annual renewal of certificate of registra- tion. A standard renewal application must be filed annually at least ten (10) calendar days prior to the date that the respective certificate is to expire. A complete applica- tion for a renewal certificate shall include the renewal/administrative fee, a current color photograph of each dangerous dog sign posted at the premises where the dangerous dog resides, and a current certificate of rabies vaccination. D. Failure to re-register. There shall be a late fee for each day that a complete renewal application is not filed, and such late fee shall be determined by Resolu- tion of the Board of County Commission- ers. Animal services may impound any dog whose owner has: (i) failed to re- apply for registration 30 days past the expiration of the certification; or (ii) failed to successfully complete re-registration 45 days past the expiration of the certifica- tion. Upon written notice from animal services, the owner must allow access to the dog for the purposes of impound- ment. The owner is responsible for all costs related to impoundment. Failure to successfully re-register the dog after 30 days of impoundment will result in forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane manner, at the expense of the owner. § 14-38 COLLIER COUNTY CODE CD14:20Supp. No. 116 3. Subsequent handling of dangerous dogs. A. The owner shall immediately notify animal services when a dog that has been classified as dangerous: (1) Is loose or unconfined; (2) Has bitten a human being or attacked another animal; (3) Is sold, given away, or dies; and/or (4) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to animal services. The new owner must comply with all the requirements of this Ordinance. The owner is required to notify the appropri- ate animal services authority if the dog is moved out of jurisdiction. B. It is unlawful for the owner of a danger- ous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a suitable leash of dependable strength and under the control of a competent person. Unless prohibited by the dog's physical make-up, as in brachycephalic breeds, the muzzle must be of a cage-style that will not interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it from biting a person or animal. Brachycephalic breeds of dogs must wear a suitable type of muzzle if a cage-style cannot be worn. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or a leash, if the dog remains within his or her sight and only members of the immediate household or person 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. C. Hunting dogs are exempt from the provi- sions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conforma- tion shows, field trials, hunting/retriev- ing trials, and herding trials are exempt from the provisions of this section when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes. D. This section does not apply to dogs used by law enforcement officials for law enforcement work. E. A person who violates any provision of this section commits a noncriminal infrac- tion, punishable by a fine not to exceed $500. 4. Attack or bite by dangerous dog. A. If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. ch. 775. In addition, the dangerous dog shall be immediately confiscated by animal services, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) busi- ness days after the owner is given writ- ten notice under F.S. ch. 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing as outlined above in this section. The owner shall be responsible for pay- ment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. B. If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. ch. 775. In addition, the dog shall be immediately confiscated by animal services, placed in quarantine, if neces- sary, for the proper length of time or held § 14-38ANIMALS CD14:21Supp. No. 116 for ten business days after the owner is given proper written notification under F.S. ch. 767, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under this section. The owner shall be responsible for pay- ment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. C. If the owner files a written appeal under this section, the dog must be held and may not be destroyed while the appeal is pending. D. If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. 5. Attack or bite by unclassified dog that causes severe injury or death. A. If a dog that has not been declared dangerous attacks and causes the death of a human, the dog shall be immediately confiscated by animal services, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given written notification under F.S. ch. 767, and thereafter destroyed in an expeditious and humane manner. This 10-day period shall allow the owner to request a hear- ing under this section, the dog must be held and may not be destroyed while the appeal is pending. The owner is responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. B. If a dog that has not been declared dangerous attacks and causes severe injury to, or the death of, a human, and the owner of the dog had knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances the owner of the dog commits a misdemeanor of the second degree, punish- able as provided in F.S. ch. 767. C. If the dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner of the dog is not guilty of any crime under this section. 6. Violations. A. Failure to comply with any provision of this Section may result in a fine not to exceed $500.00 and impoundment of the subject dog. Upon written notice from animal services, the owner must allow access to the dog for the purposes of impoundment. The owner is responsible for all costs related to impoundment. B. Failure to cure any violation of this Sec- tion within 30 days of impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane manner at the expense of the owner. C. Upon second occurrence of a violation of this Section, failure to cure within ten (10) days of impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane manner at the expense of the owner. D. Each day the owner of a dangerous dog fails to comply with the requirements of this Section or the requirements of F.S. § 767.12, as may be amended, shall constitute a separate and distinct offense. (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-39. Standards of care. 1. The following provisions are limited to animal-related businesses, animal-related organizations, commercial breeders, hobby breed- ers, and rodeos. 2. The County Manager or designee is hereby granted authority to recommend Standards of Care for animal-related businesses, animal- § 14-38 COLLIER COUNTY CODE CD14:22Supp. No. 116 related organizations, commercial breeders, hobby breeders, and rodeos for approval by the Board of County Commissioners. Standards of Care shall be approved by ordinance of the Board and then codified in the Collier County Administrative Code. As set forth below, a violation of an approved Standards of Care shall be deemed to be a violation of this Ordinance. 3. The owner or operator of any animal- related business, animal-related organization, commercial breeders, hobby breeders, or rodeo shall properly feed and care for each animal in their custody or control and otherwise meet all relevant Standards of Care. 4. The County Manager or designee shall inspect the premises of any animal-related busi- ness and any animal-related organization on an annual basis. The County Manager or designee shall inspect the premises of any rodeo prior to or within twenty-four (24) hours of the commence- ment of that event. The County Manager or designee will inspect the premises of any breeder on a quarterly basis. Routine inspections of businesses, or organizations, or breeders located in a premise used primarily as a residence will be noticed a minimum of twenty-four (24) hours in advance. No duty to notify exists should animal services receive a complaint alleging a violation of this Ordinance. 5. Refusal to allow the County Manager or designee to inspect any premises, animal, or records associated with any animal-related busi- ness, organization or rodeo, or any breeding operation, shall constitute a violation of this Ordinance. 6. Should the inspection reveal a violation of this Ordinance or the relevant Standards of Care, a Notice to Comply will be issued. The Notice to Comply shall specify the violation and shall contain a time period not to exceed 15 days to enable the violator to come into compliance. The premises shall be re-inspected promptly following the time period specified by the Notice to Comply. Failure to correct the violation shall result in the issuance of a citation. 7. Every person who owns or operates an animal-related business or animal-related organization shall obtain a permit from the County Manager or designee. A fee will be charged for the permit. Permit fees shall be established and revised by resolutions of the Board of County Commissioners. The County Manager or designee shall issue an animal- related business or organization permit after receipt of this fee and inspection of the business or organization premises if he determines that the premises meet all established standards and regulations. The permit shall be displayed within the licensed premises at a place where it is clearly visible to the public. An animal-related business or organization permit is valid for one (1) calendar year and must be renewed annually. Renewal applications must be made thirty (30) days prior to expiration of the permit. Permits are not transferable or refundable. 8. Every person or organization who sponsors or operates a rodeo shall, at least thirty (30) days prior to the date of the event, make application to the County Manager or designee for a permit to operate. The fee for such application and permit shall be established and revised by resolu- tions of the Board of County Commissioners. The County Manager or designee shall issue a rodeo permit after receipt of this fee and inspec- tion of the event premises if he determines that the event will meet the established Standards of Care. That permit shall be displayed at the event at a place where it is clearly visible to the public. 9. Commercial and hobby breeders must obtain the applicable breeder permit from the County Manager or designee. A fee will be charged for the permit. Permit fees shall be established and revised by resolutions of the Board of County Commissioners. The County Manager or designee shall issue the applicable breeder permit after receipt of this fee and inspection of the breeder's premises if he determines that the breeder meets the established Standards of Care. A breeder permit is valid for one (1) calendar year and must be renewed annually. Renewal applications must be made thirty (30) days prior to expiration of the permit. Permits are not transferable or § 14-39ANIMALS CD14:23Supp. No. 116 refundable. Failure to obtain a permit prior to operating as a breeder shall constitute a viola- tion of this Ordinance. 10. The County Manager or designee shall have the authority to deny, suspend or revoke a permit, as issued under this Section. The County Manager or designee shall notify the permit holder of the denial, suspension, or revocation of the permit in writing. Any person who has been denied a permit or whose permit has been revoked or suspended may appeal this action in a court of competent jurisdiction within thirty calendar days from the date of notice. 11. No animal-related businesses, animal- related organizations, commercial breeders, hobby breeders, pet dealers, and rodeos permits shall be granted or issued to a person who has been charged with and convicted of charges of animal cruelty under any jurisdiction. Such automatic denial shall extend to corporations, companies, partnerships, joint ventures, professional groups or associations which include a person so described. 12. Animal-related organizations in good stand- ing with animal services as contemplated herein and rescue organizations qualified to adopt animals from animal services that are housing cats and dogs in foster or sanctuary settings as an alternative to humane euthanasia may acquire a blanket license for all cats and dogs housed when registering the animals housed on the premises. (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-40. Penalties. 1. For any violation or alleged violation of this Ordinance, the County Manager or designee, 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 of) the animal a written warn- ing statement. 2. Whenever possible, a violation issued by an animal control officer shall be hand delivered to the violator (or the violator's representative having custodial responsibilities at the location of the violation). If the animal control officer is unable to hand deliver the citation, the animal control division may send a letter by certified mail to the violator. 3. For an initial violation of Section Eight [§ 14-33], Section Nine [§ 14-34], Section Eleven [§ 14-36], Section Thirteen [§ 14-38], Section Fourteen [§ 14-39], and Section Sixteen [§ 14- 41], excluding subsection 9, of this Ordinance, the County Manager or designee, 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 of) the animal a Notice to Comply under which the recipient must come into compliance within fifteen days of receipt. Failure to comply shall result in a citation. 4. A violation of this Ordinance is a civil infraction as provided in F.S. § 828.27. For any violation of this Ordinance, the County Manager or designee, deputy sheriff, municipal police officer, or other enforcement officer empowered to enforce this Ordinance, may issue a citation to the violator. A. A citation issued by an animal control enforcement officer under the provisions of this section shall be in a form prescribed by the board. Such citation shall contain all known information required by F.S. § 828.27, including the date and time of issuance of the citation; name and address of the person in violation; the date of the violation; description of the animal involved; the section or sections of this Ordinance, or subsequent amendments, violated; the facts constituting probable cause; name and authority of the citing enforcement officer; also the procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear before the special magistrate when a mandatory appearance is required as specified in the citation or when scheduled by the code enforcement depart- ment, in which case there is no option but to appear before the special magistrate; the applicable civil penalty if the person elects not to contest the cita- tion and the applicable civil penalty if the person elects to contest the citation; § 14-39 COLLIER COUNTY CODE CD14:24Supp. No. 116 also a conspicuous statement of the effect of failure to promptly pay the fine or appear before the special magistrate or in court. Subject to the limitations now or hereafter specified in F.S. § 828.27, a mandatory special magistrate or court appearance may be required by the issu- ing officer. Mandatory appearances before a special magistrate may also be ordered by the special magistrate as specified in this section, or as otherwise within the special magistrate's authority. B. Upon conviction of any civil infraction, the violator shall be punished by a fine not to exceed $500.00 in the discretion of the court or special magistrate, as applicable. Each day of the violation or noncompliance as to each animal shall be considered as a separate and distinct offense. In addition, any person convicted under any provisions of this Ordinance shall pay all costs and expenses involved in the case. C. Each violator shall be required to pay an administrative surcharge of $5.00, plus a $2.00 surcharge to pay the costs of the 40-hour minimum standards training course for animal control enforcement officers for each cited violation. D. Each person or entity that commits one or more civil infraction(s) under this Ordinance, but does not contest the cita- tion, shall pay a fine for each such separate offense as follows: (1) Nonaggravated violations. Fines for an uncontested citation for viola- tion of any provision of this Ordinance, except any aggravated violation described in Subsection (2), below and as defined above, are as follows: (a) First citation: $100.00 for each first offense. (b) Second citation: $200.00 for each second offense. (c) Third (or more) citation: $300.00 for each such offense if a mandatory appearance is not required by the animal control enforcement officer named on the citation. If a mandatory appearance is required by the animal control enforcement officer named on the citation, the recommended fine should be more than $350.00, but not more than $500.00. The amount of the fine(s) shall be as determined by the special magistrate or other trier of fact. A manda- tory appearance shall be required for each third and each subsequent citation if the violator has not at the time of issuance of the citation paid all fines and all surcharges for all prior citations. (2) Aggravated violations. A violation of Section Sixteen (§ 14-41), Subsec- tion 9; Section Eleven (§ 14-36), if failure to comply with Notice to Comply; or Section Twelve (§ 14-37) shall be considered an aggravated violation. For each uncontested aggravated violation, the fines and appearance obligations are as fol- lows: (a) First citation: $250.00 for each first aggravated violation. (b) Second citation: $350.00 for each second aggravated viola- tion. (c) Third (or more) citation(s): A mandatory appearance and a recommended fine of more than $400.00 but not more than $500.00 for each such aggravated violation. The amount of such fines shall be determined by the Special Magistrate or other trier of fact. E. Animal services may authorize and establish an educational program aimed at teaching responsible pet ownership. § 14-40ANIMALS CD14:25Supp. No. 116 When such a program becomes available any person who receives a citation may elect to attend in lieu of payment. The person cited shall be responsible for any cost associated with attending the course. The person cited must register and pay for the course within twenty (20) days of receipt of the citation. Registration and payment for the course constitutes admis- sion of the violation and in so doing the person waives his or her right to contest the violation to the Special Magistrate. The course must be successfully completed within ninety (90) days of receipt of the citation. Upon completion of the course, the civil penalty will be waived; however, a person may not make an election under this subsection if the person has success- fully completed this course within the preceding twelve (12) months or if the citation requires a mandatory appear- ance before the special magistrate. A person may make no more than two (2) elections under this subsection, however, a person cited for a violation Section Twelve (§ 14-37) may only make one election under this subsection. Success- ful completion of the course does not constitute dismissal of the violation as a first (or subsequent) offense. F. A person who is required to appear does not have the option of paying the fine instead of appearing before the Special Magistrate. G. A citation that is dismissed by the county, or by the Special Magistrate or by other trier of fact, shall not count as a prior citation for the purpose of determining the number of prior citations issued to that violator. H. The violator's failure to pay the fine, and/or to timely request a hearing before the Special Magistrate may result in an admission of guilt. The code enforcement department shall give notice to the viola- tor that a hearing will be conducted concerning the alleged violation(s) and/or unpaid fines. The notice shall be in similar form to that described in the Collier County Code Enforcement Special Magistrate Ordinance and state the time and place of the hearing, as well as the violation(s) which are alleged to exist and/or the accruing fine amount, if applicable. The Special Magistrate's find- ings shall be reduced to writing and recorded in the official records. I. Notwithstanding anything in this Ordinance, the individual who issues the citation or other pleading may require a mandatory appearance if a mandatory appearance is in that instance authorized by law. J. If the named violator is properly noticed of the hearing and fails to appear, the Special Magistrate may hear the citation and impose any penalties allowed by this Ordinance. K. The named violator or the county may seek to overturn a final order of the Special Magistrate by making applica- tion to the county court for a trial de novo on the merits. Such application must be filed within 30 calendar days from the rendition of the order sought to be overturned. A violator will have the right to a de novo proceeding provided that all administrative remedies have been exhausted. Failure to make such applica- tion within the required time period will render the findings and order of the Special Magistrate conclusive, binding, and final. All findings of the Special Magistrate will be evidence at any de novo proceeding held pursuant to this subsection. L. If the named violator or the animal control enforcement officer fails to appear in court the court may issue an order to show cause. Such order shall require such persons to appear before the court to explain why action on the citation has not been taken or the court may render a civil judgment up to $500.00. If any person who is issued an order to show § 14-40 COLLIER COUNTY CODE CD14:26Supp. No. 116 cause fails to appear in response to the court's directive, that person may be held in contempt of court. M. If any penalty provision specified by F.S. § 828.86 is amended, such amended penalty provisions shall apply to this Ordinance without further action by the board of county commissioners. N. The County may institute proceedings in a court of competent jurisdiction to compel payment of any civil penalty. If a person fails to pay the civil penalty, or fails to appear in court as may be required, then the court may issue an order to show cause upon the request of animal services. The person shall be required by the court to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, the person may be held in contempt of court. O. Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages. P. Violations of Section Eight (§ 14-33), subsections 1(K) and 1(L) and subsection 3, shall not result in a citation and/or monetary penalty, but may result in the Division revoking the veterinarian's authorization to issue County licenses. 5. Penalty Schedule. The following Penalty Schedule is meant as a summary of the penalties set forth above. Should this chart conflict with the penalty provisions set forth above, the penalty provisions shall control: Violation of First Offense Second Offense Third or Subsequent Offense Officer Discretion Permitted? Section Eight (§ 14- 33) Requirement to license and vac- cinate except for Section Eight (§ 14- 33), subsection 1(K) and (L) and subsec- tion 3. Notice to Comply, with a $100.00 cita- tion issued if not in compliance in 15 days Notice to Comply, with a $200.00 cita- tion issued if not in compliance in 15 days Citation: $300.00 No Section Ten (§ 14- 35) General Viola- tions Formal Written Warning Citation $200.00 Citation: $300.00 Yes Section Eleven (§ 14-36) Manner of Keeping Notice to Comply, with a $250.00 cita- tion issued if not in compliance in speci- fied time up to 15 days Aggravated Cita- tion: $350.00 Aggravated Cita- tion, with manda- tory appearance: $400.00—$500.00, as set by the special magistrate No Section Twelve (§ 14-37) Cruelty to Animal(s) Aggravated Cita- tion: $250.00 Aggravated Cita- tion: $350.00 Aggravated Cita- tion, with manda- tory appearance: $400.00—$500.00, as set by the special magistrate No Section Thirteen (§ 14-38) Dangerous Dog Notice to Comply with a $100.00 cita- tion issued if not in compliance in 15 days Citation: $200.00 Citation: $300.00 Yes § 14-40ANIMALS CD14:27Supp. No. 116 Violation of First Offense Second Offense Third or Subsequent Offense Officer Discretion Permitted? Section Fourteen (§ 14-39) Standards of Care Notice to Comply with a $100.00 cita- tion issued if not in compliance upon re-inspection Citation: $200.00 Citation: $300.00 No if violation constitutes cruelty Sections Nine (§ 14- 34) Stray Animals and Section Sixteen Impounded Animals Notice to Comply with a $100.00 cita- tion issued if not in compliance in 15 days Citation: $200.00 Citation: $300.00 No Any item not speci- fied above Citation: $100.00 Citation: $200.00 Citation: $300.00 Yes (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-41. Disposition of impounded animals. 1. Impounded animals with identification 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. Cat(s), kitten(s), puppy(ies), and all animal(s) other than dog(s) or livestock, for which an owner has not been identified or deemed to have an owner by an identification tag or other identification, shall immediately be considered abandoned and shall become the property of the Division. The Division may, at its discretion, place such animal(s) for adoption, place in foster care, transfer the animal(s) to another shelter, transfer the animal(s) to rescue or make disposition pursuant to law at the time, but shall not euthanize these animals for a minimum of five full days (120 hours). 2. If an impounded animal is suffering from or suspected to have an infectious or contagious disease, or is injured or debilitated to such an extent that it is experiencing pain or suffering as determined by a veterinarian or competent designee(s), or the animal poses an immediate substantial risk to staff or visitors to the shelter, the animal may be euthanized prior to the expiration of the five-day (120-hour) hold. 3. Impoundment of cattle require legal notifica- tions as specified in F.S. § 588.17. 4. The County Manager or designee shall make at least three attempts to contact the owner of an impounded animal, if the owner's identity is known or easily ascertained, before the animal's humane disposition. Dogs, identi- fied cats, and other animals not claimed within the specified hold period, may be adopted, transferred, or may be euthanized by any method specified in F.S. § 828.058. 5. Animals that are impounded for safe keep- ing at the request of a first-responding agency due to the death or medical emergency of its owner or caretaker, shall be held for a minimum of five days (120 hours). After five days (120 hours) the Division will hold the animals for an additional five days (120 hours) and the County Manager or designee shall make at least three attempts to contact the owner during this time. Animals not claimed after this ten-day (240- hour) period, may be adopted, transferred, or may be euthanized, at the discretion of the County Manager or designee. 6. Animals shall be released to owners on presentation of proof of ownership and payment of costs and fees. Proof of ownership may include a County rabies/license tag, veterinary records, tattoo, bill of sale, adoption contract, registered (RFID) microchip, affidavits from two separate neighbors, other reliable documentary or anecdotal evidence deemed reliable by the County Manager or designee; along with a signed affidavit affirm- ing ownership. If ownership cannot be proven, the animal must remain at Domestic Animal Services for the established hold period prior to reclaiming. A. Fees. (1) Fees related to impoundments may include, but are not limited to; § 14-40 COLLIER COUNTY CODE CD14:28Supp. No. 116 impoundment fees, advertising fees for impounded livestock, laboratory and veterinarian fees, transporta- tion fees, and daily board. (2) Fees are established and revised by resolutions adopted by the board of county commissioners. B. Microchipping. (1) Dogs and cats that have been impounded shall be implanted with a radio frequency identification devise (RFID) (microchip) by animal services' staff at the owner's expense prior to being released to the owner. (2) Animals that are already micro- chipped when impounded, must have the information on the microchip recorded by animal services. The information must be accurate and current. If the information is not current, the owner must come into compliance with this section prior to having the animal released. (3) At the discretion of the County Manager or designee, the animal may be released to the owner with a Notice to Comply to have the animal microchipped and applicable pay- ment specified by resolution. The fee will be refundable within thirty (30) days if services are provided by a non-animal services licensed veterinarian. The owner will be required to submit a statement within fifteen (15) days, signed by a licensed veterinarian, confirming that the animal has been so implanted and provide the microchip number to animal services. Failure to provide proof of microchipping shall result in a penalty as specified in the penalty schedule. No micro- chipping is required if a licensed veterinarian certifies in writing that microchipping would endanger the animal's health. C. Mandatory spay/neuter. (1) Dogs and cats that have been impounded shall be spayed/neutered at the owner's expense prior to being released to the owner. (2) No spay/neuter is required if a licensed veterinarian certifies in writing that the surgery would endanger the animal's health or if a licensed veterinarian with whom the pet owner has a previously established doctor-patient-client relationship certifies in writing that the animal is of appropriate health, conformation, and temperament to be bred. Such certification is to be made on a sworn statement provided by the County. The owner of the animal will also certify on an affidavit to be provided by the County that he or she will comply with the provisions of this Ordinance or all laws and ordinances governing the regulation of breeders. An owner shall not use this exemption more than one (1) time per animal; manda- tory sterilization is required based on a second impoundment. The animal shall only be released to the owner with a signed Notice to Comply allowing the owner fifteen (15) days to comply with and/or register as a Hobby Breeder or Com- mercial-Breeder. Failure to register as a Hobby Breeder or Commercial- Breeder will result in a penalty as specified in the penalty schedule. 7. Voluntary surrender. A. Person(s) wishing to surrender an animal shall be allowed to do so at the discretion of the County Manager or designee. Every person who voluntarily surrenders an animal must provide a valid photo identification that shows proof of residence and sign a form acknowledging that the surrender is voluntary and acknowledg- ing the discretion of the animal control division to dispose of the animal. Animal § 14-41ANIMALS CD14:29Supp. No. 116 services shall not be liable for the disposi- tion of any voluntarily surrendered animal after receipt of the animal from its owner. The animal shall be immediately avail- able for adoption, placement or other appropriate disposition once surrendered. B. Person(s) surrendering animals shall be responsible for paying an intake fee. C. Person(s) wishing to surrender an animal with the request for euthanasia shall be allowed to do so at the discretion of animal services. It is not the policy or practice of animal services to supply "on-demand" euthanasia procedures, but in the interest of relieving a suffering animal, or for aggressive animals that pose a safety risk, animal services may provide the service for a fee, at the County Manager's or designee's sole discretion. D. No surrendered or stray animals from outside the Divisions jurisdiction shall be accepted except for humane reasons or if the animal was previously adopted from the Division; such animals shall be referred to another agency. The photo identification of the owner/person wish- ing to surrender an animal that shows an address outside of the Divisions jurisdiction shall be used as the current address of the animal. E. An animal that has bitten a human may be surrendered to the Division for quarantine pursuant to the applicable provisions of the Florida Administrative Code 64D-3, as may be amended. An animal surrendered for quarantine to the Division is subject to all require- ments Section Sixteen [§ 14-41] prior to reclaim. F. It is a violation of this section for any person to falsely identify himself or herself as an owner or owner's agent. 8. Animals not claimed within the appropri- ate holding period may be adopted, subject to the provisions below: A. Adoption fees are established and revised by resolutions adopted by the board of county commissioners. B. In order to adopt an animal, a person must be at least 18 years of age and provide photo identification and/or other proof of residency. C. Administration of the neuter/spay program shall remain under the control of the County Manager or designee. Accounting for the disbursement of the neuter/spay fees shall be in accordance with procedures of the county's finance department. D. Dogs and cats that are adopted shall be microchipped by animal services' staff. E. Dogs and cats that are adopted shall be spayed/neutered by animal services' veterinarian or a licensed veterinarian contracted by animal services prior to being released to the adopter. F. If a dog or cat adopted from animal services is not sterilized prior to place- ment in the adopter's home, the adopter shall have the animal sterilized by a licensed veterinarian within 30 days of the adoption or prior to the animal's sexual maturity. The adopter shall enter into a written agreement with the county guaranteeing such sterilization and pay a deposit from the adopter as established by Resolution of the Board of County Commissioners, which deposit shall be refundable upon presentation to the Divi- sion or written evidence by the veterinar- ian performing the sterilization surgery that the animal has been sterilized as specified in F.S. § 823.15. If the subsequent sterilization is not performed by animal services' veterinarian or a licensed veterinarian contracted by animal services, the adopter shall be responsible for the expense and shall forfeit the deposit. Assumption of financial responsibility does not relieve the adopter of the requirement to provide written proof of sterilization within the specified time limit. Animal Control Officers are authorized to impound or to issue a Notice to Comply and/or citations for failure to sterilize any dog or cat adopted from the animal shelter. § 14-41 COLLIER COUNTY CODE CD14:30Supp. No. 116 G. The County Manager or designee has the final authority to approve the adoption of any animal. The County Manager or designee may refuse an adoption if it determines that the adoption is not in the best interest of the animal, or detrimental to the health, safety or welfare of the general public. 9. No person, or on behalf of any other person or entity whatsoever, shall acquire or attempt to acquire actual or constructive possession of any animal for any use in research, testing, animal fighting, or animal sacrifice, from the actual or constructive possession of any county animal services center, or from any person or entity operating or controlling any animal custody facil- ity, 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 provi- sion 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. 10. Failure to comply with the requirements of this section shall be a violation of this Ordinance and punishable as provided in Section Fifteen (§ 14-40). (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-42. Wild Animals. It shall be unlawful for any person to maintain or keep a wild animal except: 1. Owners licensed by the State Fish and Wildlife Conservation Commission and confined to the owner's premises in a cage or enclosure. 2. A wild animal for exhibition purposes maintained by a licensed circus, zoo, attraction or educational institution. (Ord. No. 2018-33, § 1) Sec. 14-43. Psittacine birds. 1. A Psittacine bird known to be infected with the Psittacosis virus, or to have been associated with a bird known to be infected, shall be quarantined until released by the health officer. No bird shall be removed from where an infected bird is found until the quarantine is lifted. 2. When human contamination is traced to an aviary a reasonable number of birds will be confiscated for virus examination. 3. Infected birds shall be killed and their bodies immersed in two percent Creosol and burned before the feathers are dry if the bodies are not shipped for laboratory examination. Ship- ment for laboratory examination shall be made in accordance with instructions by the health officer. (Ord. No. 2018-33, § 1) Sec. 14-44. Community cats. 1. Collier County recognizes that there are community cat caregivers and acknowledges that community cats living in colonies may be toler- ated living outdoors, provided such cats are properly cared for in accordance with the follow- ing requirements: A. All community cats living in colonies shall be cared for on the private property of the community cat caregiver or with the permission of the property owner or property manager. B. Community cat caregivers shall provide certain necessities on a regular and ongo- ing basis, including, but not limited to, proper nutrition and medical care, as needed. C. Free-roaming cats living in colonies shall be sterilized, ear-tipped, and vaccinated for rabies. Community cats living in colonies shall be exempt from rabies registration license requirements of Sec- tion Eight (§ 14-33) and the stray animal provisions of Section Sixteen (§ 14-41). D. Food shall be provided in the proper quantity for the number of cats being managed and is to be supplied no less § 14-44ANIMALS CD14:31Supp. No. 116 than once per day. Food must be placed in feeding containers that are maintained and secure. E. Water must be clean, potable, and free from debris and algae. F. Shelter, if provided, shall be unobtrusive, safe, and of the proper size for the com- munity cat(s). G. Healthy community cats that have been impounded by the Division may be immediately returned-to-field, released to a community cat caregiver, or, if considered sufficiently socialized, adopted. Community cats who have been impounded more than once may be considered a community nuisance and may be euthanized at the discretion of the Division. Notwithstanding the forego- ing, whenever an impounded community cat is visibly injured or diseased, is determined to be a nuisance, appears to be suffering, or upon the advice of a veterinarian, then the Division may euthanize the community cat pursuant to the stray animal provisions of Section Sixteen (§ 14-41). Animal services has the right to immediately seize and humanely destroy any Community Cat that poses a public health or safety concern by virtue of disease (rabies or other epizootic events), aggressive tempera- ment resulting in unprovoked attacks on humans, or any other reason concerning public health and safety. 2. Management programs to reduce the uncontrolled reproduction of community cats shall be implemented by the County Manager or designee to provide for the sterilization and return-to-field of all healthy community cats entering animal services. A. All community cats entering animal services shall be counted toward intake and, upon return-to-field, shall be counted as a live-release. B. All community cats entering animal services shall be examined for tempera- ment to evaluate their ability to survive in an outdoor environment with or without assistance from a community cat caregiver. C. Community cats shall be sterilized, ear- tipped, vaccinated to include rabies vac- cination, implanted with a radio frequency identification devise (RFID) (microchip) and returned to the original point of pick-up by a Pet Placement Partner, volunteer, or an Animal Control Officer. However, any community cat may be euthanized upon the Discretion of the County Manager or designee in accordance with Section Nineteen (§ 14-44), 1.G, above. (Ord. No. 2018-33, § 1; Ord. No. 2024-26, § 1) Sec. 14-45. Injury to animals by motor vehicles; reporting require- ment. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible without risking personal safety and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropri- ate law enforcement agency and/or animal services. (Ord. No. 2018-33, § 1) Sec. 14-46. Disposal of bodies of dead animals. 1. Any owner of any animal, upon the death of such animal, shall immediately dispose of the carcass by burning, burying at least two (2) feet below the surface of the ground, or other authorized method of disposal; however, nothing in this section shall prohibit the disposal of such animal carcass to companies licensed to do busi- nesses in this County. 2. It is unlawful to dispose of the carcass of any animal by dumping such carcass on any public or private property. 3. Any owner of any animal shall be responsible for the costs of disposing of the animal in instances where the Division disposes of the § 14-44 COLLIER COUNTY CODE CD14:32Supp. No. 116 animal due to any emergency or the owner's failure to act. The costs of disposal shall be established by the Board by resolution. (Ord. No. 2018-33, § 1) Sec. 14-47. Tampering with animal traps or capture devices. No person shall willfully tamper with, remove, alter, destroy, or disable any animal control trap, cage or capture device, set out or placed by an animal control officer or a person or organization authorized by the animal control division. Any person who violates this section is subject to a fine in an amount set by resolution of the board of county commissioners. (Ord. No. 2018-33, § 1) Sec. 14-48. Livestock. 1. Livestock fences. Every owner of livestock shall erect and/or maintain a fence to contain and confine all livestock kept or maintained on his/her premises. Such fence shall be sufficiently strong and substantial so as to prevent egress of livestock. Failure to so erect and/or maintain the fence in reasonably good condition shall be deemed a violation of this chapter. The owner of livestock shall, within twenty-four (24) hours of initial contact from the Division, repair or erect a fence and/or make arrangements for the placement of livestock so as to have the livestock confined. If the fence is not repaired or erected, or arrange- § 14-48ANIMALS CD14:32.1Supp. No. 116 ANIMALS § 14-54 ments have not been made for the placement of Equine infectious anemia means a disease of livestock within the twenty-four-hour period,the horses caused by a virus spread by insects and owner may receive a civil citation. improper use of hypodermic instruments which 2. Livestock at large. Any owner of livestock may be acute, subacute, chronic or inapparent who unlawfully, intentionally, knowingly or and commonly called "horse fever". negligently permits the same to run at large or Horse means a mule,donkey,burro, ass, zebra stray upon any street, roadway, right-of-way, or other equidae. other public area or the private property of (Ord. No. 76-13, § 1) another without consent or their authorized Cross reference—Definitions generally,§ 1-2. agent or lessee,shall be deemed to be in violation of this chapter. Sec. 14-52. Construction. 3. Equine infectious anemia/Coggins. The provisions of this article are cumulative and supplemental to federal and state laws and A. All horses within the County or transported into the County must have a rules and other ordinances and regulations of report of a negative Coggins (EIA) test the county and municipalities therein, and shall conducted within the previous twelve be liberally construed to effectuate the purpose (12) months. A foal under six(6) months of protecting the public welfare. of age, is exempted from test require (Ord. No. 76 13, § 1) ments when accompanied by its dam which has a report of a negative Coggins Sec. 14-53. Adoption of references. test conducted within the past twelve (a) This article specifically incorporates by (12) months. reference the provisions of F.S. §§ 585.15— B. All horses, other than those sold for 585.19 and 585.671 and Chapter 5C-18 of the slaughter, must have a report of a nega- Rules of the State Department of Agriculture tive Coggins test conducted within the and Consumer Services, Division of Animal previous twelve (12) months for change Industry, concerning the control of equine infec- of ownership. The negative Coggins test tious anemia. report must be provided to the new owner (b) The provisions of F.S. § 828.05 et seq., or custodian at the time of change of regulate the care, feeding and treatment of location or ownership. animals. (Ord. No. 2018-33, § 1) (Ord. No. 76 13, § 1) Secs. 14-49, 14-50. Reserved. Sec. 14-54. Prohibited activities. (a) It shall be unlawful for any person: ARTICLE III. EQUINE INFECTIOUS ANEMIA (1) To own, control or possess, or have the right to control or possess a horse within Sec. 14-51. Definitions. the county without possessing a certificate by an accredited veterinarian that the The following words,terms and phrases,when horse has been tested for equine infec- used in this article, shall have the meanings tious anemia within the immediate ascribed to them in this section, except where preceding 12-month period. the context clearly indicates a different meaning: (2) To transport or cause to be transported a Accredited veterinarian means a licensed horse into the county without having veterinarian approved by the United States first obtained and having in his posses- Department of Agriculture and Consumer sion a certificate by an accredited Services. veterinarian that such horse has been Supp. No. 77 CD14:33 V 14-54 COLLIER COUNTY CODE tested for equine infectious anemia within 2. Freedom from discomfort by providing the immediate preceding 12-month period. an appropriate environment including (b) It shall be unlawful for any person to own, shelter and a comfortable resting area; control, possess or have the right to control or 3. Freedom from pain, injury or disease by possess, a horse within the county that reacts prevention or rapid diagnosis and treat- positively to a test for equine infectious anemia, ment; given by an accredited veterinarian, without causing such horse to be quarantined in an 4. Freedom to express normal behavior by enclosure,effectively screened to exclude mosqui providing sufficient space, proper facili- tos and other major insect vectors,a minimum of ties and company of the animal's own 600 feet distant from other horses or otherwise kind; and as provided by law. 5. Freedom from fear and distress by ensur- (c) It shall be unlawful for any person to deny ing conditions and treatment which avoid an official sheriff, police, animal regulation or mental suffering. agricultural officer of the United States, state or (Ord. No. 2013-55, § 2) county, or any accredited veterinarian, entrance or access to any horse he suspects may be Sec. 14-78. Proper Animal Husbandry. infected with equine infectious anemia or to Anyone who owns or maintains an animal- refuse to allow an accredited veterinarian to test related business, animal-related organization, any horse for equine infectious anemia. commercial breeder, non-commercial breeder, or (Ord. No. 76-13, § 1) rodeo must exercise proper Animal Husbandry, Secs. 14-55-14-75. Reserved. which includes the following practices: 1. Animal enclosures must be safe,sanitary, ARTICLE IV. STANDARDS OF CARE FOR dry, and must protect the animals from ANIMAL-RELATED BUSINESSES AND the elements. ORGANIZATIONS;BREEDERS;AND 2. Animal enclosures shall be large enough RODEOS for each animal contained therein to stand up, sit down, lie down, and turn Sec. 14-76. Purpose of Ordinance. around simultaneously. The purpose of this Ordinance is to create the 3. Where an enclosure is used sequentially Standards of Care authorized by Section Twelve for more than one animal during the of the Collier County Animal Control Ordinance. course of a day, the enclosure will be This Ordinance is expressly limited to animal- cleaned,sanitized and dried between each related businesses, animal-related organiza- animal. tions, commercial breeders, non-commercial breeders,and rodeos and is to be read in conjunc- 4. Airline-type containers normally used for tion with the Collier County Animal Control shipping and transporting animals shall Ordinance. not be used to permanently house animals. (Ord. No. 2013-55, § 1) 5. Where animals are incompatible, they Sec. 14-77. General Standards of Care. shall be contained separately in appropri ate enclosures. Anyone who owns or maintains an animal- related business, animal-related organization, 6. Housing facilities for animals must be commercial breeder, non-commercial breeder, or clean and sufficiently ventilated at all rodeo must provide that animal: times when animals are present to provide 1. Freedom from hunger or thirst by ready for their health, comfort and well-being. access to fresh water and a diet to 7. Housing facilities for animals must be maintain full health and vigor; sufficiently heated and cooled when neces- L Supp. No. 77 CD14:34 ANIMALS § 14-78 sary to protect the animals from cold and 18. Animals shall be provided with food of hot temperatures and to provide for their sufficient quantity and quality to allow health, comfort and well-being. for normal growth and maintenance of a 8. Premises where animals are housed shall healthy body weight. have sufficient lighting and provide a 19. Fresh water shall be available to all diurnal lighting cycle, by either natural animals daily and shall be maintained in or artificial light, corresponding to the a container in such a manner that animals natural period of daylight and night. If cannot turn the container over. artificial light is provided,it must emulate 20. Food and water shall be fresh, appropri- natural light. ate for the animal, and free from 9. Premises where animals are housed shall contamination. be clean, orderly and free of garbage, 21. Animals must be given exercise appropri- toxic substances, unused food, standing ate for their species, breed, and size. water, sharp objects, litter or refuse. 10. Garbage shall be kept in 22. The responsible party must follow g p garbage cans veterinary instructions for any sick or with properly fitting lids and disposed of injured animal. Proof of adequate,timely regularly. veterinary care and follow-up must be 11. Bodies of dead animals must be disposed provided to animal services upon request. of according to applicable county and 23. Animals having a known or suspected state regulations, policies and laws. communicable animal-to-human disease 12. Food shall be stored in such a way as to shall be maintained in isolation where prevent contamination by rodents, pests they cannot directly or indirectly come and moisture. Food storage containers into contact with any other animals or shall be clearly and properly labeled as the public. Applicable county and state to contents. health regulations must be followed when 13. Any poisonous plants growing in or near caring for any animal harboring an where herbivorous animals are being animal-to-human disease. housed should be removed. 24. Any animal that cannot stand on its own 14. All chemicals, pesticides, cleaning solu- tions and disinfectants shall be stored must be hospitalized, housed under the and used in accordance with manufactur- ers' instructions, properly labeled as to humanely euthanized in accordance with content and kept away from contact with F.S. § 828.058. animals and animal food. 25. Animals shall not be worked in a sick, 15. All animal feces shall be removed and diseased or injured condition. disposed of properly. Livestock manure 26. Animals shall not be abused,mistreated, which has been removed from animal tormented or in any manner made to enclosures shall be maintained the suffer by any person or any means. maximum feasible distance from animal 27. Any enclosure used as a primary means housing. Animal feces shall not be allowedof confinement for a dog must meet the to contaminate surrounding waters. definition of proper enclosure as defined 16. Food dishes and water bowls shall be in the Collier County Animal Control cleaned daily. Ordinance. 17. When communal feeding containers are 28. Cats must be provided access to a used, there shall be sufficient space to receptacle containing sufficient clean litter feed all the animals simultaneously. to contain excreta and body wastes. Supp. No. 77 CD14:35 14-78 COLLIER COUNTY CODE 29. Cats must be provided solid resting animals into its custody shall report to surface(s) that are sufficient to hold all animal services any obvious case of neglect cats at the same time comfortably. or animal abuse pursuant to the Collier 30. Livestock normally maintained in outdoor County Animal Control Ordinance,these areas must have access to shelter that Standards, or F.S. ch. 828, "Cruelty to provides protection from the direct rays Animals."Animal services'phone number of the sun and the direct effect of wind shall be posted in a prominent location. and rain and is of sufficient size and/or 2. Each animal-related business or organiza- number to provide enough space for each tion will post emergency contact informa- animal to comfortably stand up,sit down, tion in a prominent place visible from the lie down and turn around in the shelter exterior of the main entrance to the simultaneously. premises. If an animal-related organiza- 31. Livestock shall have access to dry ground tion is located in a premises used primar at all times. ily as a residence,this contact information does not need to be prominently posted, 32. Livestock shall be provided access to an but must be kept current and on file with appropriately fenced open area for routine animal services, the local law enforce- exercise. ment entity, and the local fire depart- 33. Livestock must be securely confined and ment. This contact shall be available at not permitted to run at large. all hours in case of emergencies or other enforcement-related matters. 34. Livestock shall not be left unattended while tethered. 3. Each animal-related business or organiza- tion shall have a written disaster plan to 35. Equine and ovine shall have hooves address both immediate and noticed trimmed so as to prevent lameness and evacuation of all animals in case of an extreme overgrowth. emergency. This plan shall be posted in a 36. Equine must have documentation by a prominent location. licensed veterinarian certifying that the 4. Each animal-related business or organiza- equine has been tested for Equine Infec- tion shall have a working telephone avail- tious Anemia (Coggins test) within the able at all times in case of an emergency. preceding twelve-month period. The name of the establishment's veterinar- 37. Animals other than those specifically ian and the veterinarian's phone number enumerated herein shall be cared for shall be posted in a prominent location. pursuant to general guidelines and 5. Each animal-related business or organiza- accepted animal husbandry standards tion shall provide for adequate rodent for each species. and insect control. (Ord. No. 2013-55, § 3) C. Records. Sec. 14-79. Regulations for Animal-Related 1. Each animal-related business or organiza- Businesses and Organizations. tion shall keep records on all animals A. Posting of Permit. Each animal-related busi currently under its care. These records ness and organization will prominently display a shall be maintained on each animal current, valid county animal services-issued individually. operational permit. 2. The information in these records shall B. Safety. include but not be limited to rabies vac- cination, all other inoculations and 1. Each animal-related business or organiza- prescription or medical treatments tion which accepts privately owned administered. Supp. No. 77 CD14:36 ANIMALS § 14-79 3. Where the animal-related business or 4. Tepid water must be used for the purpose organization has a duty to care for, but of washing dogs and cats. Cold water is not a right of ownership in the animal, not acceptable. records shall also include the owner's name, address, emergency telephone 5. Grooming bathtubs shall be sanitized number, owner's proof of identification, after each animal grooming. Grooming and name and telephone number of bathtubs shall be maintained free of owner's veterinarian. In addition,a medi- mold and mildew. cal release must be obtained from the 6. Clippers,dryers,combs,brushes and any owner or his designee for each animal and shall become part of the animal's other grooming equipment shall be record so that emergency treatment can maintained in good repair so that they be given if the animal shows signs of are appropriate for the intended safe use illness or is injured while in the care and per the manufacturers' or suppliers' custody of the animal-related entity. instructions. Exceptions to this provision may be made on a case-by-case basis when due to E. Long-term Nonresidential (Institutional) extenuating circumstances it is in the Housing of Dogs. best interest of the animal for the animal 1. Dogs maintained in a nonresidential set- owner to remain anonymous. ting for a period longer than three months 4. Where the animal-related business or shall be afforded protective measures. organization has a right of ownership in The responsible party shall notify animal the animal, records shall indicate where services regarding all dogs maintained in the animal was obtained. a nonresidential setting for longer than three months and shall comply with the 5. A copy of a current (within the previous following requirements: twelve months) negative Coggins test (equine infectious anemia) shall be on a. A veterinarian will examine the record for each equine (except nursing animal once every six months. Dogs foals). No equine shall be accepted for not maintained on a heartworm board unless a current (within the past preventative program shall be given twelve months) negative Coggins test an occult heartworm test and started record is produced by the owner. on preventative or treated for same. 6. All records as described herein shall be b. A professional behaviorist or trainer kept for a period of two years. will evaluate the animal once every three months and recommend a 7. All records shall be made available to the behavioral enrichment program. inspecting officer upon request. c. The dog will receive a minimum of fifty minutes of play, interaction, D. Groomers. grooming and/or training each week 1. Clippers, combs, brushes and any other or the care stipulated by the recom- equipment shall be sanitized after each mended behavioral enrichment animal grooming. program, whichever is more stringent. Dogs with medical condi- 2. Animals shall not be left unattended tions prohibiting play or training while tethered to grooming stations. sessions shall be excluded from this requirement upon written certifica- 3. Clean, separate drying towels shall be tion of the medical condition by a used for each individual animal groomed. licensed veterinarian. Supp. No. 77 CD14:37 L14-79 COLLIER COUNTY CODE d. Records shall be kept evidencing c. Evidence of testing for infectious compliance with the above. equine anemia within the previous (Ord. No. 2013-55, § 4) immediate twelve(12)months,with negative results for all equine. Sec. 14-80. Regulations for Rodeos. 2. The operator of a rodeo shall ensure that: A. Posting of Permit. The operator of a rodeo a. A licensed veterinarian shall be will prominently display a current, valid county available for all shows; animal services-issued operational permit. B. Safety. b. An ambulance and medical attendants shall be available on the 1. The operator of a rodeo shall report to grounds for emergency purposes; animal services any obvious case of neglect c. Any tack, equipment, device, or animal abuse pursuant to the Collier substance or material that is injuri County Animal Control Ordinance,these ous or could cause unnecessary Standards, or F.S. ch. 828, "Cruelty to Animals."Animal services'phone number cruelty is prohibited; shall be posted in a prominent location. d. All stock is strong, healthy, and 2. The operator of a rodeo event shall meet physically sound in order to perform all fire safety requirements in accordance in the assigned events; with the local fire and zoning regula- e. Chutes are so constructed as to tions. prevent injury to the stock,and that 1/4 3. The operator of a rodeo shall have a the arena is free of rocks,holes, and written emergency plan to address, as is all obstacles which could cause injury necessary, inclement weather,veterinary to animals or contestants; medical emergencies,attendee safety,and f. All flank straps and equipment is crowd control. This plan shall be posted removed from stock in catch chutes in a prominent location. as soon as possible and that injured C. Public Awareness. The operator of a rodeo animals remain in the catch chute event shall make available to attendees literature until examined and released by the to be provided by animal services outlining the attending veterinarian; and provisions of the Collier County Animal Control g. Rowels on spurs of all contestants Ordinance. are short, dull, and free to revolve. D. Rodeo Regulations. (Ord. No. 2013-55, § 5) 1. The operator of a rodeo shall provide Sec. 14-81. Regulations for Breeders and animal services with: Pet Shops. a. A diagram of the arena, showing location of the chutes, catch chutes, A. Permit Notification. and pens; a list of all proposed events and acts; and a copy of the 1. The appropriate permit number shall be rules and regulations which will provided on all advertisements and promo govern the conduct of the contestants tions concerning the sale or give-away of and events; an animal. b. The name and contact information 2. The appropriate permit number shall be of a veterinarian who will be avail- provided to all persons who buy or accept able for all shows; and ownership of an animal. Supp. No. 77 CD14:38 ANIMALS § 14-81 B. Requirements for Sale of Dogs and Cats. 5. The OCVI must document that the fol- 1. Dogs, cats, puppies, and kittens acquired lowing inoculations, tests, and treat for resale must be examined by a licensed ments have been administered, unless veterinarian within five business days of the veterinarian certifies on the OCVI physical acquisition. that to inoculate or deworm the animal is not in the best medical interest of the 2. Dogs, cats, puppies, and kittens offered animal, in which case the vaccine or for sale must be at least eight weeks of anthelmintic may not be administered to age. that particular animal: 3. Dogs, cats, puppies and kittens offered a. For dogs or puppies: for sale must be accompanied by an i. Vaccination against canine Official Certificate of Veterinary Inspec distemper,leptospirosis,horde tion (OCVI). tella, parainfluenza, hepatitis, 4. The OCVI must contain the following and canine parvovirus. A rabies information: inoculation must be provided a. The date of the examination by the for any dog over three months examining veterinarian. of age. b. The examining veterinarian's license ii. Diagnostic tests to detect the number. following internal parasites: hookworms,roundworms,whip- c. The examining veterinarian's worms,tapeworms,coccidia and signature. giardia. Heartworm detection d. The age, breed, sex, color, and any must occur for dogs six months distinguishing marks of the animal. of age or older. Appropriate e. The health record of the animal. treatment for all positive find f. Anytests ings must be documented. performed and their results,and any vaccinations or other b. For cats or kittens: treatments administered, including i. Vaccination against panleuko- vaccine type, lot number, expiration penia, feline viral rhino date, and date of administration, tracheitis, and calici virus. A including those not specifically rabies inoculation must be enumerated below. provided for any cat over three months of age. g. A statement that the examining veterinarian warrants, to the best ii. Diagnostic tests to detect the of his knowledge,that the dog or cat following internal parasites: has no sign of contagious or infec hookworms, roundworms, tious diseases and has no evidence tapeworms and coccidia. of internal or external parasites, Appropriate treatment for all including coccidiosis and ear mites, positive findings must be but excluding fleas and ticks. documented. h. A statement concerning whether or iii. Diagnostic test to detect Feline not the examining veterinarian has Leukemia with the result listed detected any physical abnormalities on the OCVI. in the dog or cat, including but not 6. If the animal is less than four months of limited to a heart murmur, and age, the tests, vaccines, and anthelmint- umbilical hernia, entropian, and ics required above must be administered inguinal hernia, and cryptorchid- no more than twenty-one days before ism. sale within the county. If the animal is Supp. No. 77 CD14:39 L` 14-81 COLLIER COUNTY CODE four months of age or older, the tests, 5. Records indicating the disposition of all vaccines, and anthelmintics required animals shall be forwarded to animal above must be administered at or after services on a quarterly basis. three months of age, but no more than 6. All records as described herein shall be one year before sale within the county. kept for a period of two years. 7. The sale of the dog, cat, puppy, or kitten 7. All records shall be made available to the shall take place no more than thirty days after the OCVI has been issued. inspecting officer upon request. 8. If a dog, cat, puppy, or kitten is not sold D. Disclosures. within thirty days of the issuance of the 1. At the time of sale, breeders and pet OCVI,then a new examination and OCVI shops must provide the purchaser with: must be obtained. a. A copy of the complete record 9. All dogs,cats,puppies and kittens offered pertaining to the individual animal for sale must be implanted with a as described above; microchip. b. Literature to be provided by animal C. Records. services outlining the provisions of 1. Breeders shall maintain records of each the Collier County Animal Control litter of puppies and kittens born. Such Ordinance; and records shall include the date of birth, c. A copy of F.S. § 828.29, Dogs and number of puppies and litters born, and cats transported or offered for sale; the license tag number of each parent. health requirements; consumer Led 2. Pet shops shall maintain records of each guarantee. animal acquired for sale. Such records 2. The above information must be provided shall include the name and address of to prospective purchasers upon request. the source of the animal, the animal's date of birth, and date the animal was E. Pet Lemon Law. received. 1. All breeders and pet shops must comply 3. Breeders and pet shops shall maintain a with any applicable provisions of F.S. separate record of each animal sold § 828.29 Dogs and cats transported or containing the breed, sex, color, and offered for sale; health requirements; identifying marks of the animal;all OCVIs consumer guarantee. Where any conflict and medical records for each animal;the exists between these standards and this name and address of the purchaser; and section, the more restrictive shall apply. the number of the microchip implanted 2. This section does not in any way limit the in the animal. If the disposition of the rights or remedies that are otherwise animal is not through sale, the records available to a consumer under any other shall indicate the type and date of disposi- law. tion, including the name and address of any subsequent owner, if one exists. F. Exemptions.Animal services,humane societ- 4. If a dog or cat dies while in the posses- societ- ies, and 501(c)3 rescue organizations shall be exempt from the provisions of this section. sion of a breeder or pet shop, the breeder (Ord. No. 2013-55, § 6) or pet shop shall secure the services of a licensed veterinarian to determine the Sec. 14-82. Penalties. cause of death or suspected cause of death. The veterinarian shall document Failure to abide by this Ordinance may result the date of death and known or suspected in penalties as set forth in Section Thirteen of cause of death on an OCVI. the Collier County Animal Control Ordinance L Supp. No. 77 CD14:40 (§ 14-38 herein) or denial, revocation, or suspen- sion of an entity's County-issued license as provided in Section Twelve of the Collier County Animal Control Ordinance (§ 14-37 herein). Anyone who receives a citation, has been denied a permit or whose permit has been revoked or suspended may appeal this action in a court of competent jurisdiction within thirty calendar days from the date of notice. (Ord. No. 2013-55, § 7) Editor’s note—Section nine of Ord. No. 2013-55 states: "This Ordinance shall be effective by November 1, 2013." Secs. 14-83—14-105. Reserved. ARTICLE V. ANIMAL ABUSER REGISTRY Sec. 14-106. Title. This Ordinance shall be known and may be cited as the "Collier County Animal Abuser Registry Ordinance." (Ord. No. 2024-24, § 1) Sec. 14-107. Definitions. The following words, phrases, or terms when used in this Ordinance shall, unless otherwise indicated, have the meanings provided below: A. Animal shall mean, generally, any living dumb creature, as provided for in Florida Statutes, but limited to mammals, birds and reptiles. B. Animal Enjoinment shall mean any person enjoined by the Court from further pos- session or custody of other animals under Section 828.073(4)(c)(3), Florida Statutes or otherwise by Court order. C. Abuser shall mean any persons eighteen (18) years of age or older, including juveniles tried as an adult, who have been convicted or adjudicated delinquent, regardless of whether adjudication is with- held of an Abuse Offense. D. Abuse Offense shall mean the commis- sion of any act that constitutes the criminal offense of: 1. Cruelty to animals under Section 828.12, Florida Statutes; 2. Fighting or baiting animals under Section 828.122, Florida Statutes; 3. Killing a dog or cat with the intent to sell or give away its pelt under Section 828.123, Florida Statutes; 4. Killing or aggravated abuse of horse or cattle under Section 828.125, Florida Statutes; 5. Sexual activities involving animals under Section 828.126, Florida Statutes; 6. Confinement of animals without suf- ficient food, water, or exercise under Section 828.13, Florida Statutes; 7. Violation of Section 500.451, Florida Statutes; 8. With respect to farm animals, any animal abuse convictions or adjudicated delinquent, regardless of whether adjudication is withheld. E. Abuser Registry shall mean the online Registry established by this Ordinance for registering any person residing in Collier County convicted of an Abuse Offense. F. Animal Shelter shall mean any public or privately owned organization, including, but not limited to, any incorporated humane society, pound, animal protec- tive association or animal rescue group which maintains buildings, structures, or other property for the purpose of harboring animals which may be stray, unwanted, lost, abandoned, or abused and seeks to find appropriate temporary or permanent homes for such animals. G. Companion Animal shall mean a domesticated or tamed animal intended to provide companionship, to be used for personal use or enjoyment, or raised or intended to be raised for non-agricultural purposes; not to include a service animal or other animal or wildlife under the exclusive jurisdiction of the State. H. Board shall mean the Board of County Commissioners of Collier County, Florida. § 14-107ANIMALS CD14:41Supp. No. 116 I. Conviction shall mean an adjudication of guilt or adjudicated delinquent, regard- less of whether adjudication is withheld, by any Court of competent jurisdiction, whether upon a verdict or plea of guilty or nolo contendere plea of one or more of the applicable Abuse Offenses. J. County shall mean Collier County or its designated agent. K. Farm Animal shall mean horses or animals used in the production of human or animal food, feed or fiber regardless of whether or not the animal is actually being used or raised for such purposes. L. Person shall mean any individual (eighteen (18) years of age or older, includ- ing, when appropriate, juveniles tried as an adult), firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, entity, or any group or combination thereof. M. Pet Seller shall mean any individual or person, partnership, firm, corporation or other entity which offers animals for sale or is engaged in the sale, exchange, or other transfer of ownership of animals. N. Registrant shall mean any individual or person required by this Ordinance to register with the Sheriff for the Collier County Animal Abuser Registry. O. Service Animal shall mean any dog or miniature horse that has been individu- ally trained to do work or perform tasks for people with disabilities as defined under the Americans with Disabilities Act (ADA). (Ord. No. 2024-24, § 2) Sec. 14-108. Establishing an abuser registry. The Collier County Sheriff's Office ("Sheriff") shall establish an online Abuser Registry ("Registry") that shall contain the names, residence, photo, and other related information of certain Abusers living in the County who are convicted of an Abuse Offense on or after the effective date of this Ordinance. The online Registry will be maintained by the Sheriff, shall be listed on the Sheriff's official website, (avail- able to be posted on the website of other public agencies) and may contain links to other Abuser Registries that are available, or as they become available in the future, to be used as informational resources by Animal Shelters, Pet Sellers, or other persons or entities located in Collier County when they sell, exchange or otherwise transfer the ownership of an animal. The Sheriff and/or any other affiliated agencies may promulgate internal policies and procedures, as may be amended from time to time, necessary for the implementation of this Ordinance. The Registry shall contain the required information about each particular Abuser, follow- ing his or her release from incarceration or, if not incarcerated, from the date of the judgment of conviction: A. For a period of three (3) years for a first conviction of a misdemeanor Abuse Offense; B. For a period of five (5) years for a first conviction of a felony Abuse Offense; and C. For a period of ten (10) years for a second or subsequent conviction of either a misdemeanor or felony Abuse Offense; D. For an additional period of three (3) years following any violation of this Ordinance. The page where the Registry is housed will also include a list of people who are enjoined from custody of animals either in a civil case under Section 828.073(4)(c)(3), Florida Statutes, or otherwise under Court order or as a condition of their sentencing in a criminal case. The enjoinment list will include people enjoined from custody of animals regardless of whether the Court ordered enjoinment occurred before or after the effective date of this Ordinance, and the Registry time period shall be the longer of this ordinance, or the time period set forth in a Court order or as a condition of their sentencing in a criminal case. The Sheriff will attempt to ensure that the information in the Registry is accurate and complete. However, the Sheriff relies on other § 14-107 COLLIER COUNTY CODE CD14:42Supp. No. 116 sources for the information. As a result, the Sheriff makes no express or implied guarantee concerning the accuracy or completeness of any of the data in the Registry. The information in this Registry must be used responsibly. Anyone who uses this information to knowingly harass or interfere with lawful commerce shall commit a violation of this Ordinance punishable as provided in Section Seven (B). Upon notification to the Sheriff that the criminal records of a person have been expunged by the Court or of a successful appeal of a conviction of an Abuse Offense by a person required to register pursuant to this Ordinance, the registration information for that person shall be removed from the Abuser Registry within ten (10) business days following notification. (Ord. No. 2024-24, § 3) Sec. 14-109. Abuser registration require- ments. A. All Abusers who reside in the County and who are convicted of an Abuse Offense, on or after the effective date of this Ordinance, and Abusers convicted within the past 3 years for Misdemeanors and 5 years for Felonies, must personally appear at the designated Sheriff's office to register with the Collier County Abuser Registry within ten (10) business days after their release from incarceration or, if not incarcer- ated, from the date of the conviction judgment. In the event an Abuser fails to timely register, the Sheriff may elect to seek the required informa- tion and to post such information on the Registry. B. Notwithstanding the foregoing, a person who establishes residency in the County, together with seasonal residents who live within the County at least thirty days, and who was convicted of an Abuse Offense in another Florida jurisdic- tion, on or after the effective date of this Ordinance, must, within ten (10) business days of establishing residency in the County, person- ally appear at the designated Sheriff's office to register with the Collier County Abuser Registry. C. Every person required to register with the Abuser Registry shall personally appear at the designated Sheriff's office to submit the follow- ing: 1. Name and any aliases they may be known by; 2. Current residence address or expected place of residence; 3. Date of birth; 4. A photograph of the front of their head and shoulders; 5. Copy of judgment(s) to confirm offense(s), the date of conviction, and the sentence imposed; 6. Any other documentation/information as the Sheriff may deem necessary to verify the information provided by the registrant. D. Every person required to register with the Abuser Registry shall pay an initial registration fee of $15.00 to the Sheriff's Office. E. Every person registered with the Abuser Registry shall personally appear at the designated Sheriff's office to update their Registry informa- tion within ten (10) business days of any change in residential address and/or upon any official name change and shall pay a change fee of $5.00 to the Sheriff's Office. F. Every person registered with the Abuser Registry shall personally appear at the designated Sheriff's office to renew their registration informa- tion annually (on the anniversary date of the initial registration or by the first business day following, or on some other date to be determined by the Sheriff). At such time, the registrant's photograph and information shall be reviewed in order to verify the continuing accuracy of what was previously provided by the registrant. The registrant shall pay a renewal fee of $5.00 to the Sheriff's Office. G. Disposition of the fee: Fees collected pursu- ant to this Ordinance shall be deposited by the Sheriff's Office into the Sheriff's operating account to be used to help pay the administrative and maintenance costs of maintaining the Registry. (Ord. No. 2024-24, § 4) § 14-109ANIMALS CD14:43Supp. No. 116 Sec. 14-110. Prohibition on contact with animals. A. A registrant shall not be allowed to own and/or possess and/or live in the same home with or on the same property as an animal while on the Registry unless otherwise provided in a Court order. B. A registrant shall not be allowed to work with a companion animal, with or without compensation or otherwise, while on the Registry unless otherwise provided in a Court order. C. A registrant who has been determined by a Court to be unfit to have custody of animals pursuant to Section 828.073, Florida Statutes shall also be bound by the determinations of the Court if that determination was made pursuant to the same underlying facts resulting in the criminal conviction that requires them to register with the Collier County Abuser Registry. D. The County and the Sheriff reserve the right and may exercise their right at any time they deem necessary to enforce or, notwithstand- ing any other Court order, obtain a Court order enjoining a registrant from owning and/or pos- sessing and/or living with an animal and/or working with a companion animal while on the Registry. (Ord. No. 2024-24, § 5) Sec. 14-111. Animal shelters, pet sellers, private citizens, or other enti- ties prohibited from transfer- ring animal ownership to abusers. A. No Animal Shelter, Pet Seller, person, or entity located in the County shall sell, exchange or otherwise transfer the ownership of an animal to any person listed as an Abuser on the Abuser Registry. B. Prior to sale, exchange, or other transfer of ownership of any animal, the Animal Shelter, Pet Seller, or other commercial entity shall take whatever steps necessary to ensure that an animal is not being transferred to a person listed on the Registry. C. Such steps shall include, but may not be limited to, posting, when possible, current sig- nage displaying registrants in well-trafficked, highly visible areas for public viewing and in stock/break areas of employees; notifying law enforcement upon the recognition of a registrant who has obtained an animal while on the Registry; and requiring the person to sign an affidavit attesting that they are not listed on the Registry. D. The Animal Shelter, Pet Seller, or other commercial entity shall be required to maintain the required affidavits and other adequate records and supporting documentation for three (3) years or in accordance with the required retention time set forth by business standards and practices governing the particular commercial establish- ment and record, whichever is greater, to assure compliance with this Ordinance. The County or the Sheriff and its authorized agents shall have the right to examine all such records and docu- ments relating to compliance with this Ordinance, and the Animal Shelter, Pet Seller, or other commercial entity may be required to cooperate and permit the County of the Sheriff to examine all such records and documents relating to compli- ance with this Ordinance. E. It shall not be a violation if the Animal Shelter, Pet Seller, private citizen or commercial entity checked with the Abuser Registry and the name of the Abuser did not appear thereon as required. (Ord. No. 2024-24, § 6) Sec. 14-112. Penalties. A. Any Abuser required to initially register with the Collier County Abuser Registry, update changes in address or name, annually renew their Registry information, pay any required fees, comply with the prohibition on contact with certain animals, and/or comply with any Court- issued enjoinment order under this Ordinance, and fails to do so, may be prosecuted in any or all of the following manners: 1. Pursuant to the provisions of Section 125.69, Florida Statutes, any person violating these provisions may be subject to prosecution in the name of the State in the same manner as misdemeanors are § 14-110 COLLIER COUNTY CODE CD14:44Supp. No. 116 prosecuted; and, upon conviction, such person shall be punished by a fine not to exceed $500.00, or by imprisonment in the County jail not to exceed 60 days, or by both such fine and imprisonment; 2. Nothing contained herein shall prevent the County or Sheriff from taking such other lawful action in law and equity as may be necessary to remedy any viola- tion of, or refusal to comply with, any part of this Ordinance, including, but not limited to, pursuit of injunctive and/or declaratory relief and/or enjoinment, or other equitable relief in a Court of competent jurisdiction, or initiating an action to recover any and all damages that may result from a violation of, or refusal to comply with, any part of this Ordinance; 3. Each day of a continuing violation shall constitute a separate violation. B. Any individual or entity that sells, exchanges or otherwise transfers the ownership of an animal to any person listed as an Abuser on the Abuser Registry, in violation of Section 6 of this Ordinance, shall be penalized in the follow- ing manner: 1. For the first offense, a warning notice shall be issued by the County or Sheriff; 2. For a second offense, a fine may be imposed pursuant to the provisions of Section 125.69, Florida Statutes; 3. For a third or subsequent violation, the individual or entity may be prosecuted in any or all of the following manners set forth above for Abusers. (Ord. No. 2024-24, § 7) Secs. 14-113—14-135. Reserved. § 14-135ANIMALS CD14:45Supp. No. 116