Backup Documents 05/28/2024 Item #17D G,4CVIT C047,,e D
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g° o Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
Collier County, Florida
* * 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
OltltR Tl COUN ,,, ',0*0
Phone: (239) 252-2646
Affidavit of Publication
COLLIER COUNTY STATE OF FLORIDA
Before the undersigned authority personally appeared
Jennifer Hansen, who on oath says that he or she is a
Deputy Clerk of the Circuit Court of Collier County,
Florida; that the attached copy of advertisement,
Business Impact Estimates-Animal Control Ordinance
Amendment(BCC 05-28-2024)was published on the
publically accessible website
https://notices.collierclerk.com as designated by Collier
County, Florida on 05/17/2024 until 05/30/2024.
Affiant further says that the website complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
(.A;P' ignatu
,ue'n a, -Cv aA.ern
(Affiant Printed Name)
Swdrn-Co andsubsciibed before me this 05/30/2024
•.Crystal.K:Kinzel.Clerk of the Circuit Court&
Comptrollers,•
i,. coc
(Deputy C k Signaturre)
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(Deputy Clerk Printed Name) Date
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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 law' 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.
1
170
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:
(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.
No Economic Impact
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.
2
Posted to notices.collierclerk.com on May 17, 2024.
c`4c IT cocR 17 0
g c r Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
Collier County, Florida
x 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
o ��� Phone: (239) 252-2646
IL/tR COUNTy,�e
Affidavit of Publication
COLLIER COUNTY STATE OF FLORIDA
Before the undersigned authority personally appeared
Jennifer Hansen,who on oath says that he or she is a
Deputy Clerk of the Circuit Court of Collier County,
Florida; that the attached copy of advertisement,
Animal Control Ordinance Amendment(BCC
05-28-2024)was published on the publically accessible
website https://notices.collierclerk.com as designated by
Collier County, Florida on 05/17/2024 until 05/30/2024.
Affiant further says that the website complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
,1 h
(Acian ignatur
Cienn ►/ =H&ner1
(Affiant Printed Name)Sworn to and'subscribed before me this 05/30/2024
•
Crystal'K. Kinzel'Clerk of the Circuit Court&
, Comptroller..
(Deput Clerk Signature)
( ar 67 . 4a(a.(e v1
(Deputy Clerk Printed Name) Date
1 7 D
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
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office •
t911 (-
4. BCC Office Board of County CH by MB
Commissioners [s] f /3,)/ W
r
5. Minutes and Records Clerk of Court's Office ,O
(0/
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was 5/28/24 Agenda Item Number
Approved by the BCC 17 D
Type of Document(s) Ordinance Number of Original
Attached Documents Attached
PO number or account
number if document is 016014 - go
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's signature?(stamped unless otherwise stated) MB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information (Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by MB
the Chairman,with the exception of most letters,must be reviewed and signed by the
_ Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney MB
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the MB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a
certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on_5/28/24_and all changes made (N1r.i N/A is not
during the meeting have been incorporated in the attached document. The County • an option for
Attorney Office has reviewed the changes, if applicable. v• this line.
9. Initials of attorney verifying that the attached document is the version approved by the IA is not
BCC, all changes directed by the BCC have been made, and the document is ready for the F 0 6 '.•n for
Chairman's signature. • I -
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
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ORDINANCE NO. 2024 - 26
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.
WHEREAS, on May 14, 2013, the Board of County Commissioners of Collier County
("Board") adopted Ordinance No. 2013-33, the Collier County Animal Control Ordinance, which
was further amended by Ordinance No. 2018-33; and
WHEREAS, the Board wishes to update the Ordinance in order to delegate certain
authority to the County Manager or designee.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO ORDINANCE NO. 2013-33, AS AMENDED.
Ordinance No. 2013-33, as amended, the Collier County Animal Control Ordinance, as
codified in Chapter 14, Article II, of the Collier County Code of Laws and Ordinances, is hereby
amended as follows:
* * * * * * * *
SECTION THREE: Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Abandon shall mean to forsake an animal entirely or neglect or refuse to provide or perform
the legal obligations for care and support of an animal by its Owner or its Custodian.
Animal means every living vertebrate other than a human being.
Animal Control Officer shall be defined in accordance with F.S. § 828.27, as may be
amended and shall be deemed appointed as an agent of the County as contemplated in F.S. §828.03.
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Animal cruelty, torture or torment shall be held to include every act, omission, or neglect
whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the interest
of medical science, or otherwise permitted under Florida Law.
Animal hoarding means the activity of a person characterized by the following:
A. Failure to provide minimal standards of sanitation, space, nutrition or veterinary
care for animals; and
B. Attempts to accumulate or maintain a collection of animals in the face of
progressively deteriorating conditions.
Animal-related business means any for-profit person or business required to hold a
business tax receipt that renders services to, for or by any domestic animal, excepting commercial
agricultural operations and the offices or practices of State-certified and licensed veterinarians.
Examples of animal-related businesses include, but are not limited to, boarding facilities, doggie
day cares, groomers, pet shops, petting zoos, pony rides, stables, and training facilities.
Animal-related organization means any not-for-profit entity that maintains premises for
the purpose of rendering services to, for or by any domestic animal. Examples of animal-related
organizations include, but are not limited to, rescues that maintain premises as a central location
for their activities, sanctuaries, service dog organizations and animal shelters.
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
Commissioners for the detention, care and/or treatment 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 breeders are subject to agricultural zoning
requirements of the Land Development Code.
Community cat shall mean any un-owned free-roaming cat that has been sterilized,
vaccinated against rabies, eartipped or earnotched, 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.
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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
Director County Manager or designee to be a consultant to the county health department and to
the Director 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, continuous 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.
Director of animal services means the director of the Collier County Domestic Animal
Services Division, or his or her designee.
Earnotched means a "v" has been cut from the tip of the left ear of a cat.
Eartipped 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 organizations 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.
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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.
Police working dog shall mean any dog owned by any State, County or municipal police
department or any State or Federal law enforcement agency, which has been trained to aid law
enforcement officers and is actually being used for police work purposes.
Premises means the principle principal place of operation 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 confinement 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
doubleheads, 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 information 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
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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
demonstration or practice surgery, medical or biomedical research, medical experimentation,
medical or nonmedical education, or to test any medication, radiation, toxicity, element, chemical
or chemical compound, or to study the effects of any consumer product on humans or animals, or
for use in biological production or other substantially similar research or testing for scientific,
medical, biomedical, educational, or veterinary purpose, by any individual, school, college,
university, hospital, laboratory, or any other institution or entity of any description, public or
private. Such uses of an animal that does not expose any animal to any incision or puncture, to
torture,torment,or cruelty,to any immediate or future damage or impairment, or to unusual stress,
is not research or testing as defined herein.
Rodeo means any event or show involving the use of equines, and/or bovines for the
exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging, where a fee is
charged to witness the event.
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
conditions;
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 openings,
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 businesses, animal-related organizations, commercial
breeders, hobby breeders, and rodeos, as adopted by the Board of County Commissioners.
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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 fasting 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. Tethering 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, vaccinated against the threat of rabies, implanted with
an RFID, earnotched or eartipped; 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 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 hibernation.
Wild animal means any living non-domesticated species defined as wildlife by the wildlife
code of the state fish and wildlife conservation commission.
SECTION FOUR: Authority of DirectorCounty Manager or Designee; Interference with
Officer in Performance of Duty.
1. The director of animal services (hereinafter "Director") 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.
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2. The Director 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 Director
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, Director County Manager or designee, or other enforcement
officer.
5. The DirectorCounty 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
reasonable means and methods to capture are tried but failed, or when a diligent search has been
made to establish ownership has failed, and it has been ascertained by citizen complaint or
investigation that the animal has aggressive tendencies and poses a threat of injury to persons or
other animals, or has caused bodily injury to a person or has physically injured or killed livestock.
SECTION FIVE: Enforcement.
1. By animal control enforcement officer and sheriff. The DirectorCounty 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 municipality is
empowered to enforce the provisions of this Ordinance within that municipal corporation.
3. By agents, employees of animal services department.
A. Designation. The DirectorCounty Manager or designee is hereby authorized to
designate agents or employees of the county department of animal services as
animal control enforcement officers. It shall be the responsibility of the Director
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.
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C. Authorized to issue penalties. Any person designated as an animal control
enforcement officer is hereby authorized to issue penalties as outlined in Section
ThirteenFifteen 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.
D. Limitation of powers. Nothing herein contained shall be construed to authorize or
permit any person designated as an animal control enforcement officer pursuant to
this section, to perform any function or duties of a law enforcement officer other
than specified herein.No such officer shall make physical arrests or take any person
into custody. All such officers shall be exempt from the requirements relating to
the state high-hazard retirement program and police standards and training
commission as defined or referred to by F.S. § 122.34 and F.S. ch. 943.
SECTION SIX: Complaints.
1. Complaints for alleged violation(s) of this Ordinance shall be communicated to the
DirectorCounty 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 Director County Manager or designee. If upon the review of the above the
Director 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.
SECTION SEVEN: 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
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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
implementation.
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 DirectorCounty
Manager or designee, police, sheriff's 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 owner's expense for a period of ten (10) days from the date of the bite at the animal
services or at an approved holding 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
Director, County Manager or designee, and/or the County Florida Health Department,
shall have the authority to grant or deny permission for home quarantine privilege. If at
any time during the quarantine period the Director, 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 facility of a local veterinarian, if
possible. If the cat cannot be trapped for impoundment, it will be observed daily by its
Gcommunity cat caregiver. Community cats that are not earnotched or eartipped will be
deemed to be unvaccinated.
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4. Wild animals that are susceptible of carrying rabies, that are being held in captivity, or
possessed as pets by private persons who are properly licensed, but which animals have not been
vaccinated with a proven anti-rabies vaccine that has been developed for that specified species of
animal and which vaccine is recognized as an effective vaccine by the health officer, or for which
no known rabies incubation period has been established by research recognized by the health
officer, which animal has either bitten a human being or which animal is suspected of having
rabies, shall be impounded and quarantined by the DirectorCounty 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 attraction, zoo, circus, or educational institution, and
that is known to have bitten a human being, shall be isolated and subjected to a quarantine period
at a location as directed by the health officer or DirectorCounty 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
authorization of the health officer or Director,County Manager or his or her designee. If any animal
dies during quarantine, the person holding the animal in quarantine shall immediately notify the
health officer or DirectorCounty Manager or designee, and shall immediately surrender the body
of the animal without altering the body in any manner.
7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is bitten by
a known rabid animal shall be immediately destroyed. If it is an owned animal,however,the owner
may elect to have the animal confined and quarantined at the animal services center, or at another
location approved by the health officer or DirectorCounty 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 DirectorCounty 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
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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 Director County Manager or designee is not able to obtain
all necessary information pursuant 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 following 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, vaccination
against the threat of rabies, implantation of a RFID, and purchase of a County rabies/license tag
if not current.
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. Payment 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.
SECTION EIGHT: 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 or older.
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H. The County rabies/license tag issued under this section shall not be transferable
from animal to animal or from owner to owner.
I. Each County rabies/license tag must be obtained from persons designated by the
Director County Manager or designee. License forms provided by the DirectorCounty Manager or
designee for the registration and licensing of dogs and cats shall be completed and be submitted to
the DirectorCounty 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.
SECTION ELEVEN: Animal care; manner of keeping
* * * * * * * * *
11. Any enclosure used as the primary confinement of cats shall provide the following
conditions:
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 DirectorCounty 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.
SECTION TWELVE: Cruelty to animals.
* * * * * * * * * *
3. The DirectorCounty 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.
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4. Whoever violates any provision of this Section shall forfeit his right to license any
additional animal 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.
* * * * * * * * * *
SECTION THIRTEEN: Dangerous Dogs; Procedures.
1. Dangerous Dog Procedure.
A. All definitions as set forth in Chapter 767, F.S. shall be incorporated herein. The
provisions 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, requirements, 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 DirectorCounty 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
investigation 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.
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E. If the Director,County Manager or his or her designee; makes an initial
determination that a dog is dangerous, based on the initial investigation, the County shall provide
written notification of that determination to the owner of the dog. Notice shall be by certified mail,
by certified hand delivery,by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida
Statute. The Director'sCounty 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 Director'sCounty Manager's or designee's initial
determination. The written request must be submitted to animal services. If the dog's owner files
a timely written request for a challenge hearing,the effective date of the determination shall be the
date of the final decision of the Special Magistrate.
F. Any owner of a dog that is initially declared dangerous by the DirectorCounty
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 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
classification, animal services shall provide written 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.
SECTION FOURTEEN: Standards of Care.
1. The following provisions are limited to animal-related businesses, animal-related
organizations, commercial breeders, hobby breeders, and rodeos.
2. The DirectorCounty Manager or designee is hereby granted authority to recommend
Standards of Care for animal-related businesses, animal-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 DirectorCounty Manager or designee shall inspect the premises of any animal-related
business and any animal-related organization on an annual basis. The DirectorCounty Manager or
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designee shall inspect the premises of any rodeo prior to or within twenty-four (24) hours of the
commencement of that event. The DirectorCounty 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 DirectorCounty Manager or designee to inspect any premises, animal,
or records associated with any animal-related business, 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 DirectorCounty 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 DirectorCounty 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 DirectorCounty Manager or designee
for a permit to operate. The fee for such application and permit shall be established and revised by
resolutions of the Board of County Commissioners. The DirectorCounty Manager or designee
shall issue a rodeo permit after receipt of this fee and inspection 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
DirectorCounty 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 Director
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 refundable. Failure to obtain a permit prior to operating as a breeder
shall constitute a violation of this Ordinance.
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10. The DirectorCounty Manager or designee shall have the authority to deny, suspend or
revoke a permit, as issued under this Section. The DirectorCounty 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 standing 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.
SECTION FIFTEEN: Penalties.
1. For any violation or alleged violation of this Ordinance, the DirectorCounty 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 warning 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, Section Nine, Section Eleven, Section Thirteen,
Section Fourteen, and Section Sixteen, excluding subsection 9, of this Ordinance, the Director
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 Director 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.
* * * * * * * * * *
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SECTION SIXTEEN: 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 notifications as specified in F.S. §588.17.
4. The DirectorCounty 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, identified 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 keeping 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 Director 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 Director
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 Director
County Manager or designee; along with a signed affidavit affirming ownership. If ownership
cannot be proven, the animal must remain at Domestic Animal Services for the established hold
period prior to reclaiming.
A. Fees.
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(1) Fees related to impoundments may include, but are not limited to;
impoundment fees, advertising fees for impounded livestock, laboratory and veterinarian
fees, transportation fees, and daily board.
(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 microchipped 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 Director County Manager or designee, the animal
may be released to the owner with a Notice to Comply to have the animal microchipped
and applicable payment 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 microchipping 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; mandatory 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 Commercial-
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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 Director 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
acknowledging the discretion of the animal control division to dispose of the animal.
Animal services shall not be liable for the disposition of any voluntarily surrendered
animal after receipt of the animal from its owner. The animal shall be immediately
available 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 Director 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 wishing 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 requirements Section Sixteen 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 appropriate 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.
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C. Administration of the neuter/spay program shall remain under the control of the
Director 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 placement in
the adopter's home, the adopter shall have the animal sterilized by a licensed veterinarian
within 30 days of the adoption or prior to the animal's sexual maturity. The adopter shall
enter into a written agreement with the county guaranteeing such sterilization and 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 Division or
written evidence by the veterinarian 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.
G. The DirectorCounty Manager or designee has the final authority to approve the
adoption of any animal. The DirectorCounty 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 facility,
pound, or animal shelter that is then leased from the county by a lease that prohibits such use, or
is then under a contract with the county which contract prohibits such use. Such use includes the
immediate or eventual sale, transfer, gift, trade, donation, delivery, or any other provision of any
animal for use in research,testing, and/or animal sacrifice. No employee,volunteer,worker, agent
or other representative of any such entity shall knowingly release from the actual or constructive
possession of any such entity, any animal for any such known or suspected use.
10. Failure to comply with the requirements of this section shall be a violation of this
Ordinance and punishable as provided in Section Fifteen.
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* * * * * * * * * * *
SECTION NINETEEN: Community cats.
* * * * * * * * * * *
2. Management programs to reduce the uncontrolled reproduction of community cats shall
be implemented by the DirectorCounty 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 temperament
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
vaccination, 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 DirectorCounty Manager or designee in accordance with Section
Nineteen, 1, G, above.
* * * * * * * * * * *
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
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170
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
t
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this Zak day of fl) , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K.Kinze rk f Courts COLLIER COUNTY, FLORIDA
By: By:
Attest as C arm uty Clerk Chr1 all, Chairman
signt
r opiy..
Approver . to form and legality:
This ordinance filed with the
11/21 k Secretary of S ace's Office the
.11y ar 3 dcy of c�t�nf� , AWL+
and acknowledgement of that
Assistant County Attorney 'v� filirg received this 1) . day
, 6 of a
By -4)
O
[24-DAS-00285/1866659/1] Page 22 of 22
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� 7
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
June 3, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-26, which was filed in this office on June 3, 2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270