Loading...
Ordinance 2024-26 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. [24-DAS-00285/1866659/1] Page 1 of 22 Words underlined are added; Words struck through are deleted. C�+D 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. [24-DAS-00285/1866659/1] Page 2 of 22 Words underlined are added; Words struck through are deleted. `e 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. [24-DAS-00285/1866659/1] Page 3 of 22 Words underlined are added; Words struck through are deleted. C�U? 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 [24-DAS-00285/1866659/1] Page 4 of 22 Words underlined are added; Words struck—through are deleted. ICAO, 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. [24-DAS-00285/1866659/1] Page 5 of 22 Words underlined are added; Words struck through are deleted. l�!p�j 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. [24-DAS-00285/1866659/1] Page 6 of 22 Words underlined are added; Words struck through are deleted. '`� 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. [24-DAS-00285/1866659/1] Page 7 of 22 Words underlined are added; Words struck through are deleted. 10� 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 [24-DAS-00285/1866659/1] Page 8 of 22 Words underlined are added; Words struckgh are deleted. O. 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. [24-DAS-00285/1866659/1] Page 9 of 22 Words underlined are added; Words struck through are deleted. 4;L 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 [24-DAS-00285/1866659/1] Page 10 of 22 Words underlined are added; Words struck through are deleted. �, �' 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. [24-DAS-00285/1866659/1] Page 11 of 22 Words underlined are added; Words struck through are deleted. 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. [24-DAS-00285/1866659/1] Page 12 of 22 Words underlined are added; Words struck through are deleted. �� 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 DirecterCounty 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. [24-DAS-00285/1866659/1] Page 13 of 22 Words underlined are added; Words struck through are deleted. b` 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 [24-DAS-00285/1866659/1] Page 14 of 22 Words underlined are added;Words struck through are deleted. 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. [24-DAS-00285/1866659/1] Page 15 of 22 Words underlined are added;Words struck through are deleted. 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. * * * * * * * * * * [24-DAS-00285/1866659/1] Page 16 of 22 Words underlined are added; Words struck through are deleted. 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. [24-DAS-00285/1866659/1] Page 17 of 22 Words underlined are added; Words struck through are deleted. . (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- [24-DAS-00285/1866659/I] Page 18 of 22 Words underlined are added; Words struck through are deleted. 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. [24-DAS-00285/1866659/1] Page 19 of 22 Words underlined are added; Words struck through are deleted. 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. [24-DAS-00285/1866659/1] Page 20 of 22 Words underlined are added; Words str-tiek—tlifeugli are deleted. t;,!( * * * * * * * * * * * 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- [24-DAS-00285/1866659/1] Page 21 of 22 Words underlined are added; Words struck through are deleted. ,4 O° lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. i 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 ZfL ` day of fl)*.Y , 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinz,l.rf rl f Courts COLLIER COUNTY, FLORIDA r By: ` By: Attest as C aim - ii Clerk Chn all, Chairman sign,t r only,. S" Approve. to form and legality: This ordinance filed with the .•_ Secretary of 3State's Office the ally .41 ar day of c�uf1n , _2D?� Assistant County Attorney and acknowledgement of that 67) �''ii filirg received this ...., day \ of a•-oa • 4/ By o [24-DAS-00285/1866659/1] Page 22 of 22 Words underlined are added; Words struck through are deleted. !C L 1111 ,41A 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