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Agenda 05/27/2025 Item # 9D (Ordinance - Amending the definition of Hobby Breeder and permit requirements and process)5/27/2025 Item # 9.D ID# 2025-1801 Executive Summary Recommendation to adopt an Ordinance amending the Animal Control Ordinance by amending the definition of Hobby Breeder and permit requirements and process. OBJECTIVE: To better regulate Hobby Breeders. CONSIDERATIONS: The proposed ordinance does the following: 1. Changes the definition of Hobby Breeder to better specify the type of business regulated. 2. Requires a Hobby Breeder to obtain a permit and provides for remedies should a Hobby Breeder not register. 3. Authorizes the County Manager or designee to deny, suspend, or revoke a permit under stated criteria. 4. Provides a remedy to the Hobby Breeder should the permit be denied, suspended or revoked, by appeal of the decision to the Special Magistrate, with a final order of the Special Magistrate appealable to the Collier County Circuit Court. 5. Provides for a fine up to $500 upon failure to obtain the required permit. On May 14th, 2025, the Board of County Commissioners approved this Ordinance to be advertised. FISCAL IMPACT: There is no fiscal impact associated with this action at this time. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item was prepared by the County Attorney, is approved as to form and legality and requires majority vote for approval. – JAK RECOMMENDATIONS: For the Board to adopt an ordinance amending the Animal Control Ordinance. PREPARED BY: Jeffrey A. Klatzkow ATTACHMENTS: 1. Ordinance Hobby Breeder - JAK 4-30 2. legal ad - agenda ID 25-1801 - Hobby Breeder Ordinance 5.27.25 3. Business Impact Estimate - agenda ID 25-1801 - Hobby Breeder Ordinance 5.27.25 Page 735 of 7924 1 ORDINANCE NO. 2025-_____ AN AMENDMENT TO ORDINANCE 2013-33, AS AMENDED BY BOTH ORDINANCE 2018-33 AND BY ORDINANCE 2024-26, KNOWN AS THE COLLIER COUNTY ANIMAL CONTROL ORDINANCE; PROVIDING FOR AN AMENDMENT TO SECTION THREE OF ORDINANCE 2013-33 BY AMENDING THE DEFINITION OF A HOBBY BREEDER; PROVIDING FOR AN AMENDMENT TO THE STANDARD OF CARE BY AMENDING THE PERMIT REQUIREMENTS AND PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 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; which was further amended by 2024-26; and WHEREAS, the Board wishes to update the Ordinance in order to better regulate Hobby Breeders by strengthening enforcement and permit provisions. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, THAT: SECTION ONE: Amendment of Section Three of Ordinance 2013-33, Definitions, is hereby amended as follows: Hobby Breeder means any person or entity 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 one-year period, excepting service dog organizations that are members of Assistance Dogs International., at or adjoining a private residence for the purpose of selling or otherwise transferring ownership of offspring; retaining offspring; improving the breed; Page 736 of 7924 2 exhibiting dogs or cats at shows operated by a national, state, or local recognized organization; or raising service animals or animals used for law enforcement or other types of work. A Hobby Breeder that sells or places more than two (2) litters per one-year period per household or premises shall be deemed to be a Pet Dealer. Service dog organizations that are members of Assistance Dogs International or the International Guide Dog Federation are not considered Hobby Breeders or Pet Dealers. SECTION TWO: Amendment of Sec. 14 of Ordinance 2018-33, Standards of care, is hereby amended as follows: ****** 7. Every person who owns or operates as a Hobby Breeder, an animal-related business or animal-related organization shall obtain a permit from the County Manager or designee. No person shall operate, solicit business, or advertise as a Hobby Breeder, an animal-related business or as an animal-related organization without first obtaining a permit issued by the County. A fee will be charged for the permit. Permit fees shall be established and revised by resolutions of the Board of County Commissioners. The County Manager or designee shall issue an animal-related business or organization permit after receipt of this fee and inspection of the business or organization premises if he determines that the premises meet all established standards and regulations. The permit shall be displayed within the licensed premises at a place where it is clearly visible to the public. An animal-related business or organization permit is valid for one (1) calendar year and must be renewed annually. Renewal applications must be made thirty (30) days prior to expiration of the permit. Permits are not transferable or refundable. The Board shall by resolution establish late fees for untimely permit renewal applications. Failure to timely apply for a permit may result in a lapse in the permit. Each applicant shall be required as part of the application process to submit a sworn or affirmed statement that they are in compliance with all permit requirements and standards. Each applicant shall disclose all permitted activities and apply for a combination permit if they engage in more than one type of permitted activity (i.e.. pet shop, boarding, grooming, doggy daycare, etc.). The applicant for a combined permit shall be required to meet the standards for each type of activity. Failure to obtain the required Commercial or Hobby Breeder permit within 30 days shall constitute a violation of this ordinance and may be fined up to $500. Page 737 of 7924 3 ******* 10. The County Manager or designee shall have the authority to deny, suspend, or revoke a permit, as issued under this Section if the County Manager or designee determines that one of the following has occurred: A. There has been a material misstatement or misrepresentation in the permit application, or the permit has been transferred in an effort to avoid the requirements of this chapter; B. The permit holder/applicant/corporation/officer of the corporation has been cited for at least two (2) major violations or five (5) minor violations, within a five-year period, each resulting in the imposition of a fine; C. The permit holder/applicant has outstanding and unsatisfied civil penalties imposed due to a violation of this chapter; D. The permit holder/applicant or a member of the household if a home-based business has been convicted of a violation of law involving cruelty to animals; E. An animal under the care and responsibility of a permit holder/applicant has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain, or death; F. The permit holder/applicant and/or his/her/its employees/agents refuse to allow inspection of the premises; G. The permit holder/applicant or a member of the household if a home-based business has had a final judgement entered against him/her/it based upon a finding of animal neglect or mistreatment pursuant to Florida Statutes § 828.073 or comparable statute; or H. The permit holder/applicant knowingly employs or employed an employee who has been convicted of a violation of law involving cruelty to animals or who has had a final judgement against him/her based upon a finding of animal neglect or mistreatment pursuant to Florida Statutes § 828.073 or comparable statute. The County Manager or designee shall notify the permit holder of the denial, suspension, or revocation of the permit in writing. Any person who has been denied a permit or whose permit has been revoked or suspended may appeal this action in a court of competent jurisdiction The denial, revocation, or suspension of the permit shall automatically become final unless the permit holder/applicant within thirty twenty calendar days from the date of notice the written decision, Page 738 of 7924 4 files a written request for a hearing to challenge the County Manager or designee’s initial decision. The written request must be submitted to the County Manager or designee. The hearing shall be held before the Special Magistrate within 60 days of the date the written request was received by the County Manager or designee. The parties may agree to extend this date if both parties agree. The Special Magistrate may uphold or overturn the County Manager or designee’s initial decision. The permit holder/applicant may re-apply for a new permit once the reason for the denial, revocation, or suspension has been corrected, if applicable. The permit holder/applicant may appeal an adverse final order of the Special Magistrate to the Collier County Circuit Court within thirty (30) days of the execution of the Order appealed. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ____day of _____________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS Crysal Kinzel, Clerk COLLIER COUNTY, FLORIDA Page 739 of 7924 5 By: By: , Deputy Clerk Burt L. Saunders, Chair Approved as to form and legal sufficiency: _______________________________ Jeffrey A. Klatzkow, County Attorney Page 740 of 7924 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 27, 2025 , in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider: AN AMENDMENT TO ORDINANCE 2013-33, AS AMENDED BY BOTH ORDINANCE 2018- 33 AND BY ORDINANCE 2024-26, KNOWN AS THE COLLIER COUNTY ANIMAL CONTROL ORDINANCE; PROVIDING FOR AN AMENDMENT TO SECTION THREE OF ORDINANCE 2013-33 BY AMENDING THE DEFINITION OF A HOBBY BREEDER; PROVIDING FOR AN AMENDMENT TO THE STANDARD OF CARE BY AMENDING THE PERMIT REQUIREMENTS AND PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING 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 BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk Page 741 of 7924 1 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the County’s website by the time notice of the proposed ordinance is published. Published on County website by: May 16, 2025 Proposed ordinance’s Short Title: AN AMENDMENT TO ORDINANCE 2013-33, AS AMENDED BY BOTH ORDINANCE 2018-33 AND BY ORDINANCE 2024-26, KNOWN AS THE COLLIER COUNTY ANIMAL CONTROL ORDINANCE; PROVIDING FOR AN AMENDMENT TO SECTION THREE OF ORDINANCE 2013-33 BY AMENDING THE DEFINITION OF A HOBBY BREEDER; PROVIDING FOR AN AMENDMENT TO THE STANDARD OF CARE BY AMENDING THE PERMIT REQUIREMENTS AND PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 125.66(3), Florida Statutes. If one or more boxes are checked below, this means the County is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the County is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in Section 163.3164, and development agreements, as authorized by the Florida 1 See Section 125.66(3)(c), Florida Statutes. Page 742 of 7924 2 Local Government Development Agreement Act under Sections 163-3220- 163.3243; b. Comprehensive Plan amendments and land development regulation amendments initiated by application by a private party other than Collier County; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. 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 provide improvements to public safety by updating the definition of a hobby breeder, and amending the permit requirements and process. 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. An expected minor cost for the permit, which fee is established by the Board of County Commissioners. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: All hobby breeders in Collier County, current number unknown 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. Page 743 of 7924