Agenda 05/28/2024 Item #17D (Ordinance - Amending Ordinance No. 13-33 Animal control)05/28/2024
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier County,
Florida, amending Ordinance no. 2013-33, as amended, the Collier County Animal Control
Ordinance, as it relates to the authority of the Director of Domestic Animal Services, providing for
inclusion into the code of laws and ordinances, providing for conflict and severability, and
providing for an effective date.
______________________________________________________________________________
OBJECTIVE: To have the Board of County Commissioners adopt an ordinance amending Ordinance
2018-33, as amended, as related to the authority of the Director of Domestic Animal Services.
CONSIDERATIONS: On June 26, 2018, the Board of County Commissioners adopted Collier County
Domestic Animal Control Ordinance No. 2018-33, amending Ordinance 2013-33, which repealed and
superseded Ordinance 2008-51, as amended. This amendment provides for consistency and allows the
County Manager or Designee authority and proper oversight of the Domestic Animal Services Division.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: No Growth Management impact is associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board adoption. -SAA
RECOMMENDATION: To adopt an ordinance amending Collier County Domestic Animal Control
Ordinance 2013-33, as amended.
Prepared by: Tom Iandimarino, Code Enforcement Director, Growth Management Community
Development Department
ATTACHMENT(S)
1. [CAO stamped] Animal Control Ordinance Amendment 5.15.24 (PDF)
2. [line numbered] Animal Control Ordinance amendment 051524 (PDF)
3. Business Impact Estimate 051524 (PDF)
4. legal ad - agenda ID 28913 - Animal Control Ordinance Amendment (PDF)
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05/28/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 28913
Item Summary: Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier
County, Florida, amending Ordinance no. 2013-33, as amended, the Collier County Animal Control Ordinance, as
it relates to the authority of the Director of Domestic Animal Services, providing for inclusion into the code of laws
and ordinances, providing for conflict and severability, and providing for an effective date.
Meeting Date: 05/28/2024
Prepared by:
Title: Operations Analyst – Planning Commission
Name: Diane Lynch
05/15/2024 12:39 PM
Submitted by:
Title: Department Head - GMD – Growth Management Community Development Department
Name: James C French
05/15/2024 12:39 PM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch GMD Approver Completed
05/15/2024 12:41 PM
Code Enforcement Thomas Iandimarino GMCDD Reviewer Completed 05/16/2024 11:17 AM
Transportation Management Operations Support Evelyn Trimino GMCDD Reviewer Completed
05/20/2024 8:36 AM
Operations & Regulatory Management Michael Stark GMCDD Reviewer Completed 05/21/2024 8:35 AM
County Attorney's Office Sally Ashkar CAO Reviewer Completed 05/21/2024 8:48 AM
Growth Management Community Development Department James C French Growth Management Completed
05/22/2024 11:36 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/22/2024 11:42 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/22/2024 11:51 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 05/22/2024 1:08 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/22/2024 3:29 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/28/2024 9:00 AM
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ORDINANCE NO. 2024 -______ 1
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 2
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-33, 3
AS AMENDED, THE COLLIER COUNTY ANIMAL CONTROL 4
ORDINANCE, AS IT RELATES TO THE AUTHORITY OF THE 5
DIRECTOR OF DOMESTIC ANIMAL SERVICES; PROVIDING FOR 6
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; 7
PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING 8
FOR AN EFFECTIVE DATE. 9
10
WHEREAS, on May 14, 2013, the Board of County Commissioners of Collier County 11
(“Board”) adopted Ordinance No. 2013-33, the Collier County Animal Control Ordinance, which 12
was further amended by Ordinance No. 2018-33; and 13
14
WHEREAS, the Board wishes to update the Ordinance in order to delegate certain 15
authority to the County Manager or designee. 16
17
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 18
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 19
20
SECTION ONE: AMENDMENTS TO ORDINANCE NO. 2013-33, AS AMENDED. 21
22
Ordinance No. 2013-33, as amended, the Collier County Animal Control Ordinance, as 23
codified in Chapter 14, Article II, of the Collier County Code of Laws and Ordinances, is hereby 24
amended as follows: 25
26
* * * * * * * * 27
28
SECTION THREE: Definitions. 29
30
The following words, terms and phrases, when used in this Ordinance, shall have the 31
meanings ascribed to them in this section, except where the context clearly indicates a different 32
meaning: 33
34
Abandon shall mean to forsake an animal entirely or neglect or refuse to provide or perform 35
the legal obligations for care and support of an animal by its Owner or its Custodian. 36
37
Animal means every living vertebrate other than a human being. 38
39
Animal Control Officer shall be defined in accordance with F.S. § 828.27, as may be 40
amended and shall be deemed appointed as an agent of the County as contemplated in F.S. §828.03. 41
42
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Animal cruelty, torture or torment shall be held to include every act, omission, or neglect 43
whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the interest 44
of medical science, or otherwise permitted under Florida Law. 45
46
Animal hoarding means the activity of a person characterized by the following: 47
48
A. Failure to provide minimal standards of sanitation, space, nutrition or veterinary 49
care for animals; and 50
51
B. Attempts to accumulate or maintain a collection of animals in the face of 52
progressively deteriorating conditions. 53
54
Animal-related business means any for-profit person or business required to hold a 55
business tax receipt that renders services to, for or by any domestic animal, excepting commercial 56
agricultural operations and the offices or practices of State-certified and licensed veterinarians. 57
Examples of animal-related businesses include, but are not limited to, boarding facilities, doggie 58
day cares, groomers, pet shops, petting zoos, pony rides, stables, and training facilities. 59
60
Animal-related organization means any not-for-profit entity that maintains premises for 61
the purpose of rendering services to, for or by any domestic animal. Examples of animal-related 62
organizations include, but are not limited to, rescues that maintain premises as a central location 63
for their activities, sanctuaries, service dog organizations and animal shelters. 64
65
Animal services means the Collier County Domestic Animal Services Division. Animal 66
services may be referred to herein as “Division.” 67
68
Animal services center means any place approved as such by the Board of County 69
Commissioners for the detention, care and/or treatment of animals in custody. 70
71
At-large means off the premises of the owner and not under the direct control of the owner 72
or other competent person, on a suitable leash of dependable strength sufficient to restrain the 73
animal. 74
75
Commercial Breeder means any person or business required to hold a business tax receipt 76
who engages in the sale or breeding of three (3) or more litters of dogs or cats, per a one-year 77
period or offers one (1) or more domestic cat(s) or dog(s) for breeding or stud purposes, producing 78
three (3) or more litters per year, excepting service dog organizations that are members of 79
Assistance Dogs International. Commercial breeders are subject to agricultural zoning 80
requirements of the Land Development Code. 81
82
Community cat shall mean any un-owned free-roaming cat that has been sterilized, 83
vaccinated against rabies, eartipped or earnotched, implanted with an RFID, and returned to field 84
and may be cared for by one (1) or more residents of the immediate area who is/are known or 85
unknown. 86
87
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Community cat caregiver means any person who provides food, water, shelter, and/or cares 88
for one (1) or more community cat(s) but who does not own, harbor, keep, or have custody, control, 89
or charge of such cats. 90
91
County veterinarian means a veterinarian, duly licensed by the state, appointed by the 92
Director County Manager or designee to be a consultant to the county health department and to 93
the Director County Manager or designee. 94
95
Custodian means any person who is not the Owner of an animal, but is in possession of or 96
control of an animal. 97
98
Dangerous dog shall be defined in accordance with F.S. § 767.11, as may be amended. 99
100
Direct control means the immediate, continuous physical control of an animal at all times 101
by such means as a fence, tether, or suitable leash of dependable strength, sufficient to restrain the 102
animal; or specially trained hunting animals engaged in legal hunting, or animals engaged in shows 103
or organized obedience training programs where the animals respond to commands. 104
105
Director of animal services means the director of the Collier County Domestic Animal 106
Services Division, or his or her designee. 107
108
Earnotched means a "v" has been cut from the tip of the left ear of a cat. 109
110
Eartipped means the tip of the left ear of a cat has been cut in a straight line. 111
112
Free-roaming means any dog or cat found outdoors regardless of its appearance, behavior 113
or ownership status. 114
115
Grooming means that animals shall be groomed in such a manner to maintain health. 116
Animals shall be provided with hair, hoof, claw, nail, tooth and beak care as appropriate and as 117
necessary to maintain health and comfort. 118
119
Health officer means the director of the County health department, or his designee. 120
121
Hobby Breeder means any person who intentionally or unintentionally causes or allows 122
the breeding or studding of one (1) or more domestic cat(s) or dog(s), producing one (1) to two (2) 123
litters per household or premises per a one-year period, excepting service dog organizations that 124
are members of Assistance Dogs International. 125
126
Livestock means all animals of equine, bovine, or swine class, including sheep, goats and 127
other grazing animals. 128
129
Owner means any person having a right of property in an animal. If the owner is a minor 130
as defined by statute, the minor's parent(s) or legal guardian(s) shall be deemed the owner for 131
purposes of this chapter. 132
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133
Pet dealer shall mean any person who, in commerce, for compensation or profit engages 134
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. 135
This definition excludes humane societies, private nonprofit animal organizations, animal rescue 136
organizations and animal shelters. 137
138
Police working dog shall mean any dog owned by any State, County or municipal police 139
department or any State or Federal law enforcement agency, which has been trained to aid law 140
enforcement officers and is actually being used for police work purposes. 141
142
Premises means the principle principal place of operation for all animal-related businesses, 143
animal-related organizations, commercial and hobby breeders, and rodeos, specifically where 144
animals are housed on a day-to-day basis. 145
146
Proper Enclosure for primary means of confinement for dogs means an enclosed or locked 147
pen or structure, designed to prevent the animal from escaping. Such pen or structure shall be a 148
structurally sound enclosure, made of materials impervious to moisture and shall also provide 149
protection from injury and the elements. The square footage of a proper enclosure used as a 150
primary means of confinement for a dog must be equal to or greater than the length of the animal 151
from the tip of the nose to the base of the tail, doubled, then squared, and divided by 144. For 152
example, a dog measuring 30 inches from the tip of the nose to the base of the tail will require a 153
25 square foot enclosure (30 × 2 = 60; 60 × 60 = 3,600; 3,600/144 = 25). The height of the enclosure 154
shall be equal to or greater than the length of the animal from the tip of the nose to the base of the 155
tail multiplied by 1.5. 156
157
Psittacine birds means all birds commonly known as parrots, Amazons, Mexican 158
doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds, loris, lorikeets, and other 159
birds of the Psittacine family. 160
161
Radio frequency identification device (RFID), commonly referred to as a Microchip, 162
means a device that is implanted underneath the skin of a dog, cat or other animal that when 163
scanned produces a unique number that identifies the animal and its owner, if properly registered. 164
When present, an RFID with registration information shall be considered the primary indication 165
of ownership. 166
167
Rescue Organization, Animal Rescue Group, Animal-related organization shall mean a 168
duly incorporated non-profit organization that has tax exempt status in accordance with Section 169
501(c)(3) of the United States Internal Revenue Code, founded or chartered with the primary 170
mission being the welfare, care, and adoption/placement of stray, abandoned, or surrendered 171
animals, and which does not breed dogs or cats or obtain these animals for any form of payment 172
or compensation from any source other than an animal shelter. Such organizations make pets 173
available on a cost-recovery basis and/or foster animals or enlist others to foster animals. 174
175
Rescue Pet Placement Partner means a group of persons who has completed a Collier 176
County Pet Placement Partner application and is approved to rescue adopt animals from animals 177
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services, who hold themselves out as an animal rescue group, accept or solicit dogs, cats, or other 178
animals with the intent of finding permanent adoptive homes or providing lifelong care for such 179
dogs, cats, or other animals, and who use foster homes as the primary means of housing animals; 180
or a group of persons formed for the prevention of cruelty to animals. 181
182
Research or testing means any use of any animal in any vivisection, including 183
demonstration or practice surgery, medical or biomedical research, medical experimentation, 184
medical or nonmedical education, or to test any medication, radiation, toxicity, element, chemical 185
or chemical compound, or to study the effects of any consumer product on humans or animals, or 186
for use in biological production or other substantially similar research or testing for scientific, 187
medical, biomedical, educational, or veterinary purpose, by any individual, school, college, 188
university, hospital, laboratory, or any other institution or entity of any description, public or 189
private. Such uses of an animal that does not expose any animal to any incision or puncture, to 190
torture, torment, or cruelty, to any immediate or future damage or impairment, or to unusual stress, 191
is not research or testing as defined herein. 192
193
Rodeo means any event or show involving the use of equines, and/or bovines for the 194
exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging, where a fee is 195
charged to witness the event. 196
197
Shelter shall mean, provision of and access to a three-dimensional structure having a roof, 198
walls and a floor, which is dry, sanitary, clean, weatherproof and made of durable material. At a 199
minimum, the structure must: 200
201
1. Be sufficient in size to allow each sheltered animal to stand up, turn around, lie 202
down, and stretch comfortably; 203
204
2. Be designed to protect the sheltered animal from the adverse effects of the elements 205
and provide access to shade from direct sunlight and regress from exposure to inclement weather 206
conditions; 207
208
3. Be free of standing water, accumulated waste and debris, protect the sheltered 209
animal from injury, and have adequate ventilation and for dogs and cats, provide a solid surface, 210
resting platform, pad, floormat or similar device that is large enough for the animal to lie on in a 211
normal manner; and 212
213
4. Be properly lighted to provide a regular lighting cycle of either natural or artificial 214
light corresponding to the natural period of daylight unless otherwise directed by a veterinarian. 215
Structures with wire, grid or slat floors which permit the animal's feet to pass through the openings, 216
sag under the animal's weight or which otherwise do not protect the animal's feet or toes from 217
injury are prohibited except for birds where perches are provided. 218
219
Standards of Care refers to a set of rules and regulations governing the care and feeding of 220
animals maintained in or by animal-related businesses, animal-related organizations, commercial 221
breeders, hobby breeders, and rodeos, as adopted by the Board of County Commissioners. 222
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223
Sustenance shall mean access to and the provision of palatable nourishment appropriate for 224
the type of animal which is to eat it, free from contamination and provided in a clean and sanitary 225
manner. Food shall be of sufficient nutritional value to maintain the animal in good health and 226
shall be provided at suitable intervals for the species, age and condition of the animal but not less 227
than once daily except as otherwise prescribed by a veterinarian or as dictated by naturally 228
occurring states of hibernation or fasting normal to the species. 229
230
Tether means to restrain a dog by tying the dog to any object or structure, including without 231
limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a 232
chain, rope, cord, leash, or running line. Tethering shall not include using a leash to walk a dog. 233
234
Trap-neuter-vaccinate-return (TNVR) shall mean a program whereby a free-roaming cat 235
is humanely trapped, spayed or neutered, vaccinated against the threat of rabies, implanted with 236
an RFID, earnotched or eartipped; and returned to their original point of pick-up or other suitable 237
location as part of a community cat management program. 238
239
Unaltered shall mean an animal that has not been sterilized. 240
241
Unprovoked means that a person, who has been conducting himself or herself peacefully 242
and lawfully, has been bitten or chased in a menacing fashion or attacked by an animal. The 243
meaning of “unprovoked” as it relates to Section Thirteen shall follow the definition as provided 244
in F.S. Ch. 767. 245
246
Vaccination means administering to any animal, pursuant to a certificate of vaccination 247
issued by a licensed state veterinarian, an anti-rabies vaccine approved by the state department of 248
health and rehabilitative services. 249
250
Water shall mean provision of, and access to, clean, fresh, potable water, of a drinkable 251
temperature, which is free from contamination, and provided in a suitable manner, in sufficient 252
volume, and at suitable intervals, to at all times maintain normal hydration for the age, species, 253
condition, size and types of each animal, except as otherwise prescribed by a veterinarian or as 254
dictated by naturally occurring states of hibernation. 255
256
Wild animal means any living non-domesticated species defined as wildlife by the wildlife 257
code of the state fish and wildlife conservation commission. 258
259
260
SECTION FOUR: Authority of DirectorCounty Manager or Designee; Interference with 261
Officer in Performance of Duty. 262
263
1. The director of animal services (hereinafter "Director") County Manager or designee shall 264
have all necessary authority to enforce this Ordinance, and pick up, catch or procure any animal 265
in violation of this Ordinance, and have such animal impounded within the animal services center 266
or other designated place. 267
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268
2. The Director County Manager or designee shall have authority to enter upon any public or 269
private property, except a building designated for and actually used for residential purposes and 270
other buildings within the curtilage of the principal residential building, for the purpose of 271
enforcing this Ordinance. 272
273
3. It shall be unlawful for a person to interfere with, hinder, molest or abuse the Director 274
County Manager or designee, the health officer, or any of their subordinates in the performance of 275
their lawful duties under this Ordinance or under Florida law. 276
277
4. It shall be unlawful for any owner of any animal to refuse to surrender such animal for 278
impoundment or quarantine as provided by this Ordinance when demand for surrender of the 279
animal is made by the health officer, Director County Manager or designee, or other enforcement 280
officer. 281
282
5. The DirectorCounty Manager or the Sheriff of Collier County, or their respective 283
designees, shall have the authority to destroy any free roaming untagged dog or cat when other 284
reasonable means and methods to capture are tried but failed, or when a diligent search has been 285
made to establish ownership has failed, and it has been ascertained by citizen complaint or 286
investigation that the animal has aggressive tendencies and poses a threat of injury to persons or 287
other animals, or has caused bodily injury to a person or has physically injured or killed livestock. 288
289
290
SECTION FIVE: Enforcement. 291
292
1. By animal control enforcement officer and sheriff. The DirectorCounty Manager or 293
designee, any animal control enforcement officer, or officer of the sheriff's office, is empowered 294
to enforce this Ordinance. 295
296
2. By municipal police. Upon resolution approved by the governing board of any incorporated 297
municipality within the confines of the county, the police force of any such municipality is 298
empowered to enforce the provisions of this Ordinance within that municipal corporation. 299
300
3. By agents, employees of animal services department. 301
302
A. Designation. The DirectorCounty Manager or designee is hereby authorized to 303
designate agents or employees of the county department of animal services as 304
animal control enforcement officers. It shall be the responsibility of the Director 305
County Manager or designee to determine the training and qualifications of any 306
employee or agent so designated, subject to minimum requirements specified in 307
F.S. § 828.27. 308
309
B. Authorization. It shall be the duty of any person designated as an animal control 310
enforcement officer to enforce this Ordinance and subsequent amendments hereto 311
relating to animal control. 312
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313
C. Authorized to issue penalties. Any person designated as an animal control 314
enforcement officer is hereby authorized to issue penalties as outlined in Section 315
ThirteenFifteen for violations of this Ordinance and subsequent amendments 316
hereto. The form of penalty issued may be determined at the discretion of the animal 317
control officer or officer of the sheriff's office, but shall be commensurate with the 318
severity of the infraction and any history of violation of the recipient. 319
320
D. Limitation of powers. Nothing herein contained shall be construed to authorize or 321
permit any person designated as an animal control enforcement officer pursuant to 322
this section, to perform any function or duties of a law enforcement officer other 323
than specified herein. No such officer shall make physical arrests or take any person 324
into custody. All such officers shall be exempt from the requirements relating to 325
the state high-hazard retirement program and police standards and training 326
commission as defined or referred to by F.S. § 122.34 and F.S. ch. 943. 327
328
329
SECTION SIX: Complaints. 330
331
1. Complaints for alleged violation(s) of this Ordinance shall be communicated to the 332
DirectorCounty Manager or designee, sheriff's office or police department. Upon receipt of a 333
complaint, an investigation shall be conducted to determine if there is any violation of this 334
Ordinance. If it is ascertained that any provision of this Ordinance is being violated, proper and 335
lawful action will be taken to enforce this Ordinance. 336
337
2. Upon receipt of more than one "affidavit" for any violation of this Ordinance, each 338
prepared and signed independently by a resident/visitor (at least one affidavit must come from a 339
resident of the County) of a separate dwelling in the vicinity of the violation, and acknowledged 340
under oath before an individual authorized by law to take acknowledgements, or one adult witness 341
who is a resident of the County who submits an “affidavit” with a recorded video or photograph 342
showing an alleged violation, setting forth the complained of acts, an enforcement officer shall 343
investigate the facts to determine if the acts complained of are a violation. The video or photograph 344
shall be considered upon proof of date and time or reliable indications of date and time as 345
determined by the Director County Manager or designee. If upon the review of the above the 346
Director County Manager or designee determines that a violation has occurred, a penalty may be 347
issued for the violation, including, subject to F.S. § 828.27, and conditions of this Ordinance, a 348
mandatory court appearance or appearance before the special magistrate. 349
350
3. Intentional falsification of information on an "affidavit" shall be a violation of this 351
Ordinance, and punishable as provided in Section Fifteen. 352
353
SECTION SEVEN: Rabies control. 354
355
1. A rabies control program, including the investigation of all reported animal bites, may 356
be carried out through a mutual agreement with the Florida Department of Health using the 357
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requirements of Florida Department of Health Rules and Regulation, Chapter 64 D-3, Florida 358
Administrative Code, and/or this Ordinance as a basis for enforcement and program 359
implementation. 360
361
2. Any person having knowledge of an animal biting, scratching or otherwise wounding a 362
person by contact shall immediately report the facts to the County health department or to the 363
Division, if known, including: 364
365
A. The victim's name, approximate age, and address; 366
B. The animal owner's name and address; 367
C. The animal's description and location; and 368
D. Name(s) and description(s) of other persons and animals involved. 369
370
3. An animal known to have bitten or a cat that has scratched a human or an animal suspected 371
of having rabies shall, if possible, be captured or taken into custody by the DirectorCounty 372
Manager or designee, police, sheriff’s office, or health officer. 373
374
A. Any dog or cat without a current rabies vaccination that has bitten, is believed to 375
have bitten or has otherwise exposed a person to rabies or is suspected of having rabies 376
shall be quarantined for rabies observation. The Owner of such dog or cat shall relinquish 377
control of the dog or cat for the purpose of quarantine. The dog or cat shall be quarantined 378
at the owner's expense for a period of ten (10) days from the date of the bite at the animal 379
services or at an approved holding facility of a local veterinarian. It shall be unlawful 380
for any person to fail to surrender any such dog or cat for rabies quarantine. Additionally, 381
it shall be unlawful for any person to fail to inform the Division of any such dog or cats 382
last known whereabouts if the owner has relinquished possession of said dog or cat or 383
caused said dog or cat to be taken from the owner's premises. 384
385
B. Any dog or cat with a current rabies vaccination that has bitten, is believed to 386
have bitten or has otherwise exposed a person to rabies may be quarantined at home. The 387
Director, County Manager or designee, and/or the County Florida Health Department, 388
shall have the authority to grant or deny permission for home quarantine privilege. If at 389
any time during the quarantine period the Director, County Manager or designee, 390
determines that the Owner of the dog or cat is not able to sufficiently confine the dog or 391
cat, the Owner shall relinquish control of the dog or cat to animal services. The dog or 392
cat will be confined in the custody of animal services or at an approved holding facility 393
of a local veterinarian for the remainder of the quarantine period at the Owner's expense. 394
395
C. Earnotched or eartipped community cats that have bitten, are believed to have 396
bitten or have otherwise exposed a person to rabies or are suspected of having rabies shall 397
be quarantined for rabies observation for a period of ten (10) days from the date of the 398
bite at animal services or at an approved holding facility of a local veterinarian, if 399
possible. If the cat cannot be trapped for impoundment, it will be observed daily by its 400
Ccommunity cat caregiver. Community cats that are not earnotched or eartipped will be 401
deemed to be unvaccinated. 402
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403
4. Wild animals that are susceptible of carrying rabies, that are being held in captivity, or 404
possessed as pets by private persons who are properly licensed, but which animals have not been 405
vaccinated with a proven anti-rabies vaccine that has been developed for that specified species of 406
animal and which vaccine is recognized as an effective vaccine by the health officer, or for which 407
no known rabies incubation period has been established by research recognized by the health 408
officer, which animal has either bitten a human being or which animal is suspected of having 409
rabies, shall be impounded and quarantined by the DirectorCounty Manager or designee upon the 410
recommendation of the health officer. The animal will be held in quarantine for a specified period 411
of time as directed by the health officer. 412
413
A. A wild animal may be euthanized at the discretion of the health officer for the 414
purpose of laboratory analysis to determine if the animal is rabid when the health and/or 415
welfare of the person bitten by that animal is in jeopardy. 416
417
B. The decision whether to euthanize the animal will be based upon history of possible 418
exposure of the animal to rabies and is at the discretion of the health officer. 419
420
5. Any animal possessed in a licensed attraction, zoo, circus, or educational institution, and 421
that is known to have bitten a human being, shall be isolated and subjected to a quarantine period 422
at a location as directed by the health officer or DirectorCounty Manager or designee. In 423
determining the quarantine and location, the decision will be made on the history of the animal's 424
possible exposure to rabies. 425
426
6. No animal may be removed from the place of quarantine without the prior written 427
authorization of the health officer or Director,County Manager or his or her designee. If any animal 428
dies during quarantine, the person holding the animal in quarantine shall immediately notify the 429
health officer or DirectorCounty Manager or designee, and shall immediately surrender the body 430
of the animal without altering the body in any manner. 431
432
7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is bitten by 433
a known rabid animal shall be immediately destroyed. If it is an owned animal, however, the owner 434
may elect to have the animal confined and quarantined at the animal services center, or at another 435
location approved by the health officer or DirectorCounty Manager or designee, for a period of up 436
to six months. All costs of the detention of the animal will be at the expense of the owner. 437
438
8. The DirectorCounty Manager or designee, sheriff or municipal police officer shall have 439
authority to kill an animal in order to procure an animal that is susceptible of carrying rabies and 440
that is known to have bitten a human being or is suspected of having rabies, provided that all other 441
reasonable means and methods under the circumstances to capture the animal have failed. The 442
head of the animal, intact, shall then be submitted to a designated laboratory to be analyzed for 443
rabies infection. 444
445
9. Owners whose animals have been reported to have bitten any person, shall provide the 446
Director or designee all necessary information by telephone, correspondence or records at animal 447
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services, to determine the vaccination status and quarantine requirements for the animal and to 448
place an animal on home quarantine. 449
450
10. The following fees shall be imposed, in amounts set forth by resolution of the Board, for 451
carrying out the rabies control program: 452
453
A. Field officer fee. Owners whose animals have been reported to have bitten any 454
person, shall be charged a fee when the Director County Manager or designee is not able to obtain 455
all necessary information pursuant to Section Seven, subsection 2 herein and an animal control 456
officer is dispatched to secure or obtain the required bite information and place an animal on 457
quarantine. 458
459
B. Transportation fee. Owners whose animals have been reported to have bitten any 460
person and who are required to have such animal quarantined at an approved quarantine facility, 461
shall be charged a transportation fee when the Owner has failed to transport said animal to a 462
quarantine facility within twenty-four (24) hours after notification, requiring transportation by 463
the Division. 464
465
C. Quarantine release fee. At the end of each quarantine period for rabies 466
observation, owners whose animals have been reported to have bitten any person are required to 467
call the Division to verify that said animal is alive and healthy to assure that it is free of rabies 468
infection. A quarantine release fee shall be charged when the owner fails to call or the Division 469
is unsuccessful at reaching the owner by phone within forty-eight (48) hours following the 470
expiration of the quarantine period, requiring an animal control officer to observe the animal. 471
472
D. Quarantine at the Division fee. Owners whose animals are quarantined at the 473
Division for a rabies quarantine shall be charged a quarantine fee, which shall be paid by the 474
owner at the beginning of the quarantine period. The owner shall be responsible to pay for any 475
medical care provided during the quarantine period at the conclusion of the quarantine period. 476
The Owner is also responsible to pay for, if applicable, mandatory sterilization, vaccination 477
against the threat of rabies, implantation of a RFID, and purchase of a County rabies/license tag 478
if not current. 479
480
E. Except as specifically provided by this Ordinance, an invoice reflecting fees 481
imposed pursuant to this section shall be sent to the Owner of the animal. Payment shall be 482
made by the Owner within thirty (30) days of receipt of said invoice. Failure to pay within such 483
time will result in a late fee. 484
485
SECTION EIGHT: County Rabies/License certificate; tags, vaccination required. 486
487
488
1. Any owner of a dog or cat shall obtain a County rabies/license tag for each such animal 489
when the animal is four months or older. 490
491
* * * * * * * * * 492
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493
H. The County rabies/license tag issued under this section shall not be transferable 494
from animal to animal or from owner to owner. 495
496
I. Each County rabies/license tag must be obtained from persons designated by the 497
Director County Manager or designee. License forms provided by the DirectorCounty Manager or 498
designee for the registration and licensing of dogs and cats shall be completed and be submitted to 499
the DirectorCounty Manager or designee. 500
501
J. A replacement tag must be purchased and in place within fifteen (15) calendar days 502
if the original tag is lost, misplaced, or stolen at a reduced amount as established by resolution of 503
the Board of County Commissioners. 504
505
* * * * * * * * * 506
507
508
SECTION ELEVEN: Animal care; manner of keeping 509
510
* * * * * * * * * 511
512
11. Any enclosure used as the primary confinement of cats shall provide the following 513
conditions: 514
515
A. Cats must be provided access to a receptacle containing sufficient clean litter for 516
excreta and body wastes. 517
B. Cats must be provided solid resting surface(s) that are large enough to hold all cats 518
comfortably. 519
520
12. The DirectorCounty Manager or designee shall impound or make the subject of an order 521
to provide care any animal found to be cruelly treated as defined in this Ordinance or under Florida 522
Law, as outlined in F.S. § 828.073, as may be amended. 523
524
13. Whoever violates any provision of this section shall forfeit his right to license any 525
additional animals in the County for one year in addition to any other penalty provided by this 526
Ordinance or otherwise by law. Any ownership of such animals without benefit of a license shall 527
be deemed an additional violation of this Ordinance. 528
529
530
SECTION TWELVE: Cruelty to animals. 531
532
* * * * * * * * * * 533
534
3. The DirectorCounty Manager or designee shall impound or make the subject of an order 535
to provide care any animal found to be cruelly treated as defined in this Ordinance or under Florida 536
Law, as outlined in F.S. § 828.073, as may be amended. 537
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538
4. Whoever violates any provision of this Section shall forfeit his right to license any 539
additional animal in the County for one year in addition to any other penalty provided by this 540
Ordinance or otherwise by law. Any ownership of such animal without benefit of a license shall 541
be deemed an additional violation of this Ordinance. 542
543
* * * * * * * * * * 544
545
SECTION THIRTEEN: Dangerous Dogs; Procedures. 546
547
548
1. Dangerous Dog Procedure. 549
550
A. All definitions as set forth in Chapter 767, F.S. shall be incorporated herein. The 551
provisions of F.S. Ch. 767, as may be amended, pertaining to dangerous dogs are adopted in their 552
entirety as part of this Section. All procedures, regulations, requirements, and restrictions, 553
pertaining to dangerous dogs are applicable under this article, and a violation of state law shall 554
constitute a violation of this Ordinance. To the extent that any provision in this Ordinance conflicts 555
with F.S. ch. 767, the statute shall control. 556
557
B. The DirectorCounty Manager or designee shall investigate reported incidents 558
involving any dog that may be dangerous and shall, if possible, interview the owner and require a 559
sworn affidavit from any person, including any animal control officer or enforcement officer, 560
desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog 561
investigation, and is not impounded with animal services, shall be humanely and safely confined 562
by the owner in a securely fenced or enclosed area pending the outcome of the investigation and 563
resolution of any hearings related to the dangerous dog classification. The address of where the 564
animal resides shall be provided to animal services. No dog that is the subject of a dangerous dog 565
investigation may be relocated or ownership transferred pending the outcome of an investigation 566
or any hearings related to the determination of a dangerous dog classification. In the event that a 567
dog is to be destroyed, the dog shall not be relocated or ownership transferred. 568
569
C. Animal services may impound any dog under investigation if the owner is unable 570
or unwilling to securely confine the dog during the investigation. Upon written notice from animal 571
services, the owner must allow access to the dog for the purposes of impoundment. If the dog is 572
impounded during this time, the owner is responsible for all costs related to impoundment unless 573
the owner ultimately prevails and the dog is not declared dangerous. 574
575
D. A dog shall not be declared dangerous if the threat, injury, or damage was sustained 576
by a person who, at the time, was unlawfully on the property or, while lawfully on the property, 577
was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be 578
declared dangerous if the dog was protecting or defending a human being within the immediate 579
vicinity of the dog from an unjustified attack or assault. 580
581
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E. If the Director,County Manager or his or her designee, makes an initial 582
determination that a dog is dangerous, based on the initial investigation, the County shall provide 583
written notification of that determination to the owner of the dog. Notice shall be by certified mail, 584
by certified hand delivery, by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida 585
Statute. The Director'sCounty Manager’s or designee’s initial determination shall automatically 586
become final unless the dog's owner, within seven calendar days after receipt of the notice, files a 587
written request for a hearing to challenge the Director'sCounty Manager’s or designee’s initial 588
determination. The written request must be submitted to animal services. If the dog's owner files 589
a timely written request for a challenge hearing, the effective date of the determination shall be the 590
date of the final decision of the Special Magistrate. 591
592
F. Any owner of a dog that is initially declared dangerous by the DirectorCounty 593
Manager or designee may appeal that decision to the Code Enforcement Special Magistrate. This 594
hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 595
5 days after receipt of request from the owner. The hearing may only be continued by agreement 596
of both parties. 597
598
G. If the Special Magistrate's determination is to uphold the dangerous dog 599
classification, animal services shall provide written notification to the owner as required above. 600
The dog owner may file a written request for a hearing in circuit court to appeal the classification 601
within ten (10) business days after receiving notice. This request for hearing must be filed with 602
the circuit court, and a copy provided to animal services within the time provided. Any such appeal 603
shall not be a hearing de novo, but shall be limited to appellate review of the record created before 604
the Special Magistrate. 605
606
* * * * * * * * * 607
608
SECTION FOURTEEN: Standards of Care. 609
610
1. The following provisions are limited to animal-related businesses, animal-related 611
organizations, commercial breeders, hobby breeders, and rodeos. 612
613
2. The DirectorCounty Manager or designee is hereby granted authority to recommend 614
Standards of Care for animal-related businesses, animal-related organizations, commercial 615
breeders, hobby breeders, and rodeos for approval by the Board of County Commissioners. 616
Standards of Care shall be approved by ordinance of the Board and then codified in the Collier 617
County Administrative Code. As set forth below, a violation of an approved Standards of Care 618
shall be deemed to be a violation of this Ordinance. 619
620
3. The owner or operator of any animal-related business, animal-related organization, 621
commercial breeders, hobby breeders, or rodeo shall properly feed and care for each animal in 622
their custody or control and otherwise meet all relevant Standards of Care. 623
624
4. The DirectorCounty Manager or designee shall inspect the premises of any animal-related 625
business and any animal-related organization on an annual basis. The DirectorCounty Manager or 626
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designee shall inspect the premises of any rodeo prior to or within twenty-four (24) hours of the 627
commencement of that event. The DirectorCounty Manager or designee will inspect the premises 628
of any breeder on a quarterly basis. Routine inspections of businesses, or organizations, or breeders 629
located in a premise used primarily as a residence will be noticed a minimum of twenty-four (24) 630
hours in advance. No duty to notify exists should animal services receive a complaint alleging a 631
violation of this Ordinance. 632
633
5. Refusal to allow the DirectorCounty Manager or designee to inspect any premises, animal, 634
or records associated with any animal-related business, organization or rodeo, or any breeding 635
operation, shall constitute a violation of this Ordinance. 636
637
6. Should the inspection reveal a violation of this Ordinance or the relevant Standards of Care, 638
a Notice to Comply will be issued. The Notice to Comply shall specify the violation and shall 639
contain a time period not to exceed 15 days to enable the violator to come into compliance. The 640
premises shall be re-inspected promptly following the time period specified by the Notice to 641
Comply. Failure to correct the violation shall result in the issuance of a citation. 642
643
7. Every person who owns or operates an animal-related business or animal-related 644
organization shall obtain a permit from the DirectorCounty Manager or designee. A fee will be 645
charged for the permit. Permit fees shall be established and revised by resolutions of the Board of 646
County Commissioners. The DirectorCounty Manager or designee shall issue an animal-related 647
business or organization permit after receipt of this fee and inspection of the business or 648
organization premises if he determines that the premises meet all established standards and 649
regulations. The permit shall be displayed within the licensed premises at a place where it is 650
clearly visible to the public. An animal-related business or organization permit is valid for one (1) 651
calendar year and must be renewed annually. Renewal applications must be made thirty (30) days 652
prior to expiration of the permit. Permits are not transferable or refundable. 653
654
8. Every person or organization who sponsors or operates a rodeo shall, at least thirty (30) 655
days prior to the date of the event, make application to the DirectorCounty Manager or designee 656
for a permit to operate. The fee for such application and permit shall be established and revised by 657
resolutions of the Board of County Commissioners. The DirectorCounty Manager or designee 658
shall issue a rodeo permit after receipt of this fee and inspection of the event premises if he 659
determines that the event will meet the established Standards of Care. That permit shall be 660
displayed at the event at a place where it is clearly visible to the public. 661
662
9. Commercial and hobby breeders must obtain the applicable breeder permit from the 663
DirectorCounty Manager or designee. A fee will be charged for the permit. Permit fees shall be 664
established and revised by resolutions of the Board of County Commissioners. The Director 665
County Manager or designee shall issue the applicable breeder permit after receipt of this fee and 666
inspection of the breeder's premises if he determines that the breeder meets the established 667
Standards of Care. A breeder permit is valid for one (1) calendar year and must be renewed 668
annually. Renewal applications must be made thirty (30) days prior to expiration of the permit. 669
Permits are not transferable or refundable. Failure to obtain a permit prior to operating as a breeder 670
shall constitute a violation of this Ordinance. 671
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672
10. The DirectorCounty Manager or designee shall have the authority to deny, suspend or 673
revoke a permit, as issued under this Section. The DirectorCounty Manager or designee shall 674
notify the permit holder of the denial, suspension, or revocation of the permit in writing. Any 675
person who has been denied a permit or whose permit has been revoked or suspended may appeal 676
this action in a court of competent jurisdiction within thirty calendar days from the date of notice. 677
678
11. No animal-related businesses, animal-related organizations, commercial breeders, hobby 679
breeders, pet dealers, and rodeos permits shall be granted or issued to a person who has been 680
charged with and convicted of charges of animal cruelty under any jurisdiction. Such automatic 681
denial shall extend to corporations, companies, partnerships, joint ventures, professional groups 682
or associations which include a person so described. 683
684
12. Animal-related organizations in good standing with animal services as contemplated herein 685
and rescue organizations qualified to adopt animals from animal services that are housing cats and 686
dogs in foster or sanctuary settings as an alternative to humane euthanasia may acquire a blanket 687
license for all cats and dogs housed when registering the animals housed on the premises. 688
689
690
SECTION FIFTEEN: Penalties. 691
692
1. For any violation or alleged violation of this Ordinance, the DirectorCounty Manager or 693
designee, deputy sheriff, municipal police officer, or other enforcement officer empowered to 694
enforce this Ordinance, may issue to the owner of (or to the person in custody of) the animal a 695
written warning statement. 696
697
2. Whenever possible, a violation issued by an animal control officer shall be hand delivered 698
to the violator (or the violator's representative having custodial responsibilities at the location of 699
the violation). If the animal control officer is unable to hand deliver the citation, the animal 700
control division may send a letter by certified mail to the violator. 701
702
3. For an initial violation of Section Eight, Section Nine, Section Eleven, Section Thirteen, 703
Section Fourteen, and Section Sixteen, excluding subsection 9, of this Ordinance, the Director 704
County Manager or designee, deputy sheriff, municipal police officer, or other enforcement officer 705
empowered to enforce this Ordinance, may issue to the owner of (or to the person in custody of) 706
the animal a Notice to Comply under which the recipient must come into compliance within fifteen 707
days of receipt. Failure to comply shall result in a citation. 708
709
4. A violation of this Ordinance is a civil infraction as provided in F.S. § 828.27. For any 710
violation of this Ordinance, the Director County Manager or designee, deputy sheriff, municipal 711
police officer, or other enforcement officer empowered to enforce this Ordinance, may issue a 712
citation to the violator. 713
714
* * * * * * * * * * 715
716
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717
SECTION SIXTEEN: Disposition of impounded animals. 718
719
1. Impounded animals with identification not suspected of having an infectious or contagious 720
disease shall be held for a minimum of five full days (120 hours) to provide time for the animal's 721
owner to notify staff of intent to recover the animal. Cat(s), kitten(s), puppy(ies), and all animal(s) 722
other than dog(s) or livestock, for which an owner has not been identified or deemed to have an 723
owner by an identification tag or other identification, shall immediately be considered abandoned 724
and shall become the property of the Division. The Division may, at its discretion, place such 725
animal(s) for adoption, place in foster care, transfer the animal(s) to another shelter, transfer the 726
animal(s) to rescue or make disposition pursuant to law at the time, but shall not euthanize these 727
animals for a minimum of five full days (120 hours). 728
729
2. If an impounded animal is suffering from or suspected to have an infectious or contagious 730
disease, or is injured or debilitated to such an extent that it is experiencing pain or suffering as 731
determined by a veterinarian or competent designee(s), or the animal poses an immediate 732
substantial risk to staff or visitors to the shelter, the animal may be euthanized prior to the 733
expiration of the five-day (120 hour) hold. 734
735
3. Impoundment of cattle require legal notifications as specified in F.S. §588.17. 736
737
4. The DirectorCounty Manager or designee shall make at least three attempts to contact the 738
owner of an impounded animal, if the owner's identity is known or easily ascertained, before the 739
animal's humane disposition. Dogs, identified cats, and other animals not claimed within the 740
specified hold period, may be adopted, transferred, or may be euthanized by any method specified 741
in F.S. §828.058. 742
743
5. Animals that are impounded for safe keeping at the request of a first-responding agency 744
due to the death or medical emergency of its owner or caretaker, shall be held for a minimum of 745
five days (120 hours). After five days (120 hours) the Division will hold the animals for an 746
additional five days (120 hours) and the Director County Manager or designee shall make at least 747
three attempts to contact the owner during this time. Animals not claimed after this ten-day (240-748
hour) period, may be adopted, transferred, or may be euthanized, at the discretion of the Director 749
County Manager or designee. 750
751
6. Animals shall be released to owners on presentation of proof of ownership and payment of 752
costs and fees. Proof of ownership may include a County rabies/license tag, veterinary records, 753
tattoo, bill of sale, adoption contract, registered (RFID) microchip, affidavits from two separate 754
neighbors, other reliable documentary or anecdotal evidence deemed reliable by the Director 755
County Manager or designee; along with a signed affidavit affirming ownership. If ownership 756
cannot be proven, the animal must remain at Domestic Animal Services for the established hold 757
period prior to reclaiming. 758
759
A. Fees. 760
761
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(1) Fees related to impoundments may include, but are not limited to; 762
impoundment fees, advertising fees for impounded livestock, laboratory and veterinarian 763
fees, transportation fees, and daily board. 764
765
(2) Fees are established and revised by resolutions adopted by the board of 766
county commissioners. 767
768
B. Microchipping. 769
770
(1) Dogs and cats that have been impounded shall be implanted with a radio 771
frequency identification devise (RFID) (microchip) by animal services' staff at the owner's 772
expense prior to being released to the owner. 773
774
(2) Animals that are already microchipped when impounded, must have the 775
information on the microchip recorded by animal services. The information must be 776
accurate and current. If the information is not current, the owner must come into 777
compliance with this section prior to having the animal released. 778
779
(3) At the discretion of the Director County Manager or designee, the animal 780
may be released to the owner with a Notice to Comply to have the animal microchipped 781
and applicable payment specified by resolution. The fee will be refundable within thirty 782
(30) days if services are provided by a non-animal services licensed veterinarian. The 783
owner will be required to submit a statement within fifteen (15) days, signed by a licensed 784
veterinarian, confirming that the animal has been so implanted and provide the microchip 785
number to animal services. Failure to provide proof of microchipping shall result in a 786
penalty as specified in the penalty schedule. No microchipping is required if a licensed 787
veterinarian certifies in writing that microchipping would endanger the animal's health. 788
789
C. Mandatory spay/neuter. 790
791
(1) Dogs and cats that have been impounded shall be spayed/neutered at the 792
owner's expense prior to being released to the owner. 793
794
(2) No spay/neuter is required if a licensed veterinarian certifies in writing that 795
the surgery would endanger the animal's health or if a licensed veterinarian with whom the 796
pet owner has a previously established doctor-patient-client relationship certifies in writing 797
that the animal is of appropriate health, conformation, and temperament to be bred. Such 798
certification is to be made on a sworn statement provided by the County. The owner of the 799
animal will also certify on an affidavit to be provided by the County that he or she will 800
comply with the provisions of this Ordinance or all laws and ordinances governing the 801
regulation of breeders. An owner shall not use this exemption more than one (1) time per 802
animal; mandatory sterilization is required based on a second impoundment. The animal 803
shall only be released to the owner with a signed Notice to Comply allowing the owner 804
fifteen (15) days to comply with and/or register as a Hobby Breeder or Commercial-805
17.D.b
Packet Pg. 2501 Attachment: [line numbered] Animal Control Ordinance amendment 051524 (28913 : Adopt DAS Ordinance)
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Words underlined are added; Words struck through are deleted.
Breeder. Failure to register as a Hobby Breeder or Commercial-Breeder will result in a 806
penalty as specified in the penalty schedule. 807
808
7. Voluntary surrender. 809
810
A. Person(s) wishing to surrender an animal shall be allowed to do so at the 811
discretion of the Director County Manager or designee. Every person who voluntarily 812
surrenders an animal must provide a valid photo identification that shows proof of 813
residence and sign a form acknowledging that the surrender is voluntary and 814
acknowledging the discretion of the animal control division to dispose of the animal. 815
Animal services shall not be liable for the disposition of any voluntarily surrendered 816
animal after receipt of the animal from its owner. The animal shall be immediately 817
available for adoption, placement or other appropriate disposition once surrendered. 818
819
B. Person(s) surrendering animals shall be responsible for paying an intake fee. 820
821
C. Person(s) wishing to surrender an animal with the request for euthanasia shall be 822
allowed to do so at the discretion of animal services. It is not the policy or practice of 823
animal services to supply "on-demand" euthanasia procedures, but in the interest of 824
relieving a suffering animal, or for aggressive animals that pose a safety risk, animal 825
services may provide the service for a fee, at the Director County Manager’s or designee’s 826
sole discretion. 827
828
D. No surrendered or stray animals from outside the Divisions jurisdiction shall be 829
accepted except for humane reasons or if the animal was previously adopted from the 830
Division; such animals shall be referred to another agency. The photo identification of 831
the owner/person wishing to surrender an animal that shows an address outside of the 832
Divisions jurisdiction shall be used as the current address of the animal. 833
834
E. An animal that has bitten a human may be surrendered to the Division for 835
quarantine pursuant to the applicable provisions of the Florida Administrative Code 64D-836
3, as may be amended. An animal surrendered for quarantine to the Division is subject 837
to all requirements Section Sixteen prior to reclaim. 838
839
F. It is a violation of this section for any person to falsely identify himself or herself 840
as an owner or owner's agent. 841
842
8. Animals not claimed within the appropriate holding period may be adopted, subject to the 843
provisions below: 844
845
A. Adoption fees are established and revised by resolutions adopted by the board of 846
county commissioners. 847
848
B. In order to adopt an animal, a person must be at least 18 years of age and provide 849
photo identification and/or other proof of residency. 850
17.D.b
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851
C. Administration of the neuter/spay program shall remain under the control of the 852
Director County Manager or designee. Accounting for the disbursement of the neuter/spay 853
fees shall be in accordance with procedures of the county's finance department. 854
855
D. Dogs and cats that are adopted shall be microchipped by animal services' staff. 856
857
E. Dogs and cats that are adopted shall be spayed/neutered by animal services' 858
veterinarian or a licensed veterinarian contracted by animal services prior to being released 859
to the adopter. 860
861
F. If a dog or cat adopted from animal services is not sterilized prior to placement in 862
the adopter's home, the adopter shall have the animal sterilized by a licensed veterinarian 863
within 30 days of the adoption or prior to the animal's sexual maturity. The adopter shall 864
enter into a written agreement with the county guaranteeing such sterilization and pay a 865
deposit from the adopter as established by Resolution of the Board of County 866
Commissioners, which deposit shall be refundable upon presentation to the Division or 867
written evidence by the veterinarian performing the sterilization surgery that the animal 868
has been sterilized as specified in F.S. § 823.15. If the subsequent sterilization is not 869
performed by animal services' veterinarian or a licensed veterinarian contracted by animal 870
services, the adopter shall be responsible for the expense and shall forfeit the deposit. 871
Assumption of financial responsibility does not relieve the adopter of the requirement to 872
provide written proof of sterilization within the specified time limit. Animal Control 873
Officers are authorized to impound or to issue a Notice to Comply and/or citations for 874
failure to sterilize any dog or cat adopted from the animal shelter. 875
876
G. The DirectorCounty Manager or designee has the final authority to approve the 877
adoption of any animal. The DirectorCounty Manager or designee may refuse an 878
adoption if it determines that the adoption is not in the best interest of the animal, or 879
detrimental to the health, safety or welfare of the general public. 880
881
9. No person, or on behalf of any other person or entity whatsoever, shall acquire or attempt 882
to acquire actual or constructive possession of any animal for any use in research, testing, animal 883
fighting, or animal sacrifice, from the actual or constructive possession of any county animal 884
services center, or from any person or entity operating or controlling any animal custody facility, 885
pound, or animal shelter that is then leased from the county by a lease that prohibits such use, or 886
is then under a contract with the county which contract prohibits such use. Such use includes the 887
immediate or eventual sale, transfer, gift, trade, donation, delivery, or any other provision of any 888
animal for use in research, testing, and/or animal sacrifice. No employee, volunteer, worker, agent 889
or other representative of any such entity shall knowingly release from the actual or constructive 890
possession of any such entity, any animal for any such known or suspected use. 891
892
10. Failure to comply with the requirements of this section shall be a violation of this 893
Ordinance and punishable as provided in Section Fifteen. 894
895
17.D.b
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Words underlined are added; Words struck through are deleted.
* * * * * * * * * * * 896
SECTION NINETEEN: Community cats. 897
898
* * * * * * * * * * * 899
900
2. Management programs to reduce the uncontrolled reproduction of community cats shall 901
be implemented by the DirectorCounty Manager or designee to provide for the sterilization and 902
return-to-field of all healthy community cats entering animal services. 903
904
A. All community cats entering animal services shall be counted toward intake and, 905
upon return-to-field, shall be counted as a live-release. 906
907
B. All community cats entering animal services shall be examined for temperament 908
to evaluate their ability to survive in an outdoor environment with or without assistance 909
from a community cat caregiver. 910
911
C. Community cats shall be sterilized, ear-tipped, vaccinated to include rabies 912
vaccination, implanted with a radio frequency identification devise (RFID) (microchip) 913
and returned to the original point of pick-up by a Pet Placement Partner, volunteer, or an 914
Animal Control Officer. However, any community cat may be euthanized upon the 915
Discretion of the DirectorCounty Manager or designee in accordance with Section 916
Nineteen, 1, G, above. 917
918
* * * * * * * * * * * 919
920
921
SECTION TWO: CONFLICT AND SEVERABILITY. 922
In the event this Ordinance conflicts with any other Ordinance of Collier County or other 923
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 924
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 925
separate, distinct and independent provision and such holding shall not affect the validity of the 926
remaining portion. 927
928
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 929
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 930
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-931
17.D.b
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Words underlined are added; Words struck through are deleted.
lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or 932
any other appropriate word. 933
SECTION FOUR: EFFECTIVE DATE. 934
This Ordinance shall be effective upon filing with the Florida Department of State. 935
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 936
County, Florida, this ______ day of ________________, 2024. 937
938
ATTEST: BOARD OF COUNTY COMMISSIONERS 939
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA 940
941
942
By: ___________________________ By: _____________________________ 943
, Deputy Clerk Chris Hall, Chairman 944
945
946
Approved as to form and legality: 947
948
949
______________________________ 950
Sally A. Ashkar 951
Assistant County Attorney 952
953
17.D.b
Packet Pg. 2505 Attachment: [line numbered] Animal Control Ordinance amendment 051524 (28913 : Adopt DAS Ordinance)
1
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County’s website by the time notice of
the proposed ordinance is published.
Published on County website by: ___5/17/2024_________[expected legal advertising date]
Proposed ordinance’s Short Title: AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NO. 2013-33, AS AMENDED, THE COLLIER COUNTY ANIMAL CONTROL
ORDINANCE, AS IT RELATES TO THE AUTHORITY OF THE DIRECTOR OF
DOMESTIC ANIMAL SERVICES; PROVIDING FOR INCLUSION INTO THE CODE
OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
that a business impact estimate is not required by state law1 for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
1 See Section 125.66(3)(c), Florida Statutes.
17.D.c
Packet Pg. 2506 Attachment: Business Impact Estimate 051524 (28913 : Adopt DAS Ordinance)
2
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
To update defined authority from Director of Domestic Animal Services to County
Manager or designee.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any: No Economic Impact
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County’s regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance: None
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: County staff solicited comments from businesses in the County
as to the potential impact of the proposed ordinance by contacting the chamber of commerce,
social media posting, direct mail or direct email, posting on County website, public workshop, etc.
You may also wish to include efforts made to reduce the potential fiscal impact on businesses.
You may also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the
proposed ordinance does not affect only businesses).] None.
17.D.c
Packet Pg. 2507 Attachment: Business Impact Estimate 051524 (28913 : Adopt DAS Ordinance)
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
commencing at 9:00 a.m. on May 28, 2024, in the Board of County Commissioners meeting room, third floor, Collier
Government Center, 3299 East Tamiami Trail, Naples, FL, to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-33, AS
AMENDED, THE COLLIER COUNTY ANIMAL CONTROL ORDINANCE,
AS IT RELATES TO THE AUTHORITY OF THE DIRECTOR OF
DOMESTIC ANIMAL SERVICES; PROVIDING FOR INCLUSION INTO
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group
or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials
used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk.
The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL, CHAIRMAN
Posted to notices.collierclerk.com on May 17, 2024
17.D.d
Packet Pg. 2508 Attachment: legal ad - agenda ID 28913 - Animal Control Ordinance Amendment (28913 : Adopt DAS Ordinance)