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Agenda 08/12/2025 Item # 9B (Continued to the 8/26/25 meeting - Ordinance amending the definition of Hobby Breeder and permit requirements)8/12/2025 Item # 9.B ID# 2025-2275 Executive Summary *** This advertised item is continued to the August 26, 2025, BCC Meeting. *** *** This item was continued from the July 8, 2025, BCC Meeting.*** 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: On May 13, 2025, the Board of County Commissioners approved this Ordinance to be advertised. The proposed ordinance includes 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 for the Hobby Breeder should the permit be denied, suspended, or revoked, by appealing the decision to the Special Magistrate, with a final order of the Special Magistrate being appealable to the Collier County Circuit Court. 5. Provides for a fine of up to $500 upon failure to obtain the required permit. On May 27, 2025, the Board directed the County Manager, or her designee, to work with partner stakeholders to discuss issues and come back with recommendations for enhancing enforcement. That information is included as back-up to this Executive Summary and will be discussed as part of the presentation for this item, for the Board's consideration. Based on Board guidance for this item, the County Manager and County Attorney will review The Standards of Care for Animal-Related Businesses and Organizations; Breeders; and Rodeos Ordinance, and associated Fee Resolutions to identify any needed changes to those regulations. This item was heard by the Board on July 8, 2025 under item 9C, and was further continued at Board direction to the first meeting in August. 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 has been reviewed by the County Attorney, is approved as to form and legality and requires a majority vote for approval. -JAK RECOMMENDATIONS: For the Board to adopt an ordinance amending the Animal Control Ordinance. PREPARED BY: James French, Department Head, Growth Management Community Development ATTACHMENTS: 1. Draft Ordinance as advertised 2. legal ad - agenda ID 25-2275 - Hobby Breeder Ordinance readvertisement - 8.12.25 3. Business Impact Estimate - agenda ID 25-1801 - Hobby Breeder Ordinance 5.27.25 4. legal ad - agenda ID 25-1801 - Hobby Breeder Ordinance 5.27.25 Page 101 of 3949 8/12/2025 Item # 9.B ID# 2025-2275 5. Exhibit A- Recommendations to draft ordinance Page 102 of 3949 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 103 of 3949 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 104 of 3949 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 105 of 3949 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 106 of 3949 5 By: By: , Deputy Clerk Burt L. Saunders, Chair Approved as to form and legal sufficiency: _______________________________ Jeffrey A. Klatzkow, County Attorney Page 107 of 3949 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 August 12, 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 (SEAL) Page 108 of 3949 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 109 of 3949 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 110 of 3949 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 111 of 3949 Recommendations to proposed ordinance: On June 18, 2025, staff met with Tom Kepp, Founder SNIP Collier. Concerns included the following: •Treat all puppies or kittens, whether from intentional or unintentional litters, bred by breeders, the same as commercial breeders are currently regulated under The Standards of Care for Animal-Related Businesses and Organizations; Breeders; and Rodeos Ordinance. This includes: o Vet exams o Records of offspring & adults o Health certificate & microchip (RFID) of offspring o Scheduled inspections o Age of sale or give-away minimum 8 weeks •Treat unaltered animals that are unaltered due to medical reasons similar to altered pets, including reduced fees for licensing. •Inspection requirements for unaltered pets to verify not being bred without necessary breeder permits. •Better enforcement for non-compliance including penalties. •Wanted to make sure we weren’t removing enforcement opportunities. •Evaluate fees for breeders or unaltered pets to encourage spay/neuter of dogs and cats On June 26, 2025, staff met with Tim Crotts, Deputy Director of Code Enforcement. Concerns included the following: •Simplified penalties. Multiple charts and “types” of not always clear. •Late fees for failure to renew animal-related business and breeder permits. •Ability for the County Manager or designee to determine that a case needs mandatory appearance. •Option for unlicensed breeders of unintentional litters to come into compliance within 30 days. •Was in favor of reasons to deny, suspend, or revoke a permit. •Wanted clear paths for enforcement. To make the recommended amendments, changes are required to both Ordinance 2013-33, as amended, known as the Animal Control Ordinance, as well as Ordinance 2013-55, known as The Standards of Care for Animal-Related Businesses and Organizations; Breeders; and Rodeos Ordinance. The purpose of Ordnance 2013-33 was to create the Standards of Care authorized by Section Fourteen of the Collier County Animal Control Ordinance. This Ordinance is expressly limited to animal-related businesses, animal-related organizations, commercial breeders, non- commercial breeders, and rodeos and is to be read in conjunction with the Collier County Animal Control Ordinance. Many of the recommendations by Tom Kepp will require an amendment to this ordinance at a subsequent meeting. The changes proposed to 2013-33, as amended, known as the Animal Control Ordinance differ from the advertised ordinance in the following ways: SECTION THREE: Definitions Page 112 of 3949 Modified the Commercial Breeder and Hobby Breeder definitions to include additional exemptions for the International Guide Dod Federation. Removed the term “Pet Dealer” as it is not defined and means the same as “Commercial Breeder” in our ordinance. This was a proposed change in a previous draft ordinance written in conjunction with Code Enforcement and former management. 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 or the International Guide Dog Federation. Commercial breeders are subject to agricultural zoning requirements of the Land Development Code. * * * * * * * 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, for the purpose of selling or otherwise transferring ownership of offspring; retaining offspring; improving the breed; 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, excepting service dog organizations that are members of Assistance Dogs International or the International Guide Federation. SECTION EIGHT: County Rabies/License certificate; tags, vaccination required. Added a new requirement for inspections for unaltered pets and allows for a medical exemption for unaltered pets. This change, discussed with Tom Kepp, was to allow for reduced license fees for dogs or cats that were unable to be spayed or neutered. It also provides for inspections for unaltered dogs and cats to verify they are not being bred without necessary permits. N. The County Manager or designee may inspect the premises of any unaltered dog or cat on an annual basis. Routine inspections of unaltered dogs or cats in a premise used primarily as a residence may be given notice 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. Refusal to allow the County Manager or designee to inspect unaltered dog or cat shall constitute a violation of this Ordinance. Dogs or cats that are unaltered due to a medical exemption must provide a letter of exemption from a licensed veterinarian. SECTION FOURTEEN: Standards of Care. Moved proposed changes for breeder permits from Number 7, which related to animal-related businesses, to Number 9. Added a requirement for a sworn statement that permittee will comply with requirements and standards. Changed inspection notice requirement for breeders. Provided for an option for breeders of unintentional litters to come into compliance. Added an additional reason to deny, revoke, or suspend a permit at the discretion of the County Manager or designee. These changes are the result of conversations with Tom Kepp and Tim Crotts. Page 113 of 3949 4. The County Manager or designee shall inspect the premises of any animal- related business and any animal-related organization on an annual basis. The County Manager or designee shall inspect the premises of any rodeo prior to or within twenty-four (24) hours of the commencement of that event. The County Manager or designee will may 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 may 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. * * * * * * * 7. Every person who owns or operates an animal-related business or animal-related organization shall obtain a permit from the County Manager or designee. 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. 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 not renewed thirty (30) days prior to expiration shall be subject to late fees and penalties specified under this ordinance. Permits are not transferable or refundable. 8. Every person or organization who sponsors or operates a rodeo shall, at least thirty (30) days prior to the date of the event, make application to the County Manager or designee for a permit to operate. 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. The fee for such application and permit shall be established and revised by resolutions of the Board of County Commissioners. The County 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 County Manager or designee. 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. A fee will be charged for the permit. Permit fees shall be established and revised by resolutions of the Board of County Commissioners. The County Manager or designee shall issue the applicable breeder permit after receipt of this fee and inspection of the breeder's premises if he determines that the Page 114 of 3949 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 not renewed thirty (30) days prior to expiration shall be subject to late fees and penalties specified under this ordinance. Permits are not transferable or refundable. Failure to obtain a permit prior to operating as a breeder shall constitute a violation of this Ordinance. Breeders of unintentional litters shall be given up to 30 days obtain a permit. 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 ordinance; 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 ordinance; 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; 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; or Page 115 of 3949 I. Any other violations, as determined by the County Manager or designee. The County Manager or designee shall notify the permit holder of the denial, suspension, or revocation of the permit in writing. Any person who has been denied a permit or whose permit has been revoked or suspended may appeal this action in a court of competent jurisdiction within thirty twenty calendar days from the date of notice as required by Collier County Code of Laws and Ordinances, Chapter 2, Article IX. – Consolidated Code Enforcement Regulations. SECTION FIFTEEN: Penalties Consolidates penalties fines and provides for the County Manager or designee to require mandatory appearance before the special magistrate. Some of the proposed language was from an earlier draft ordinance never adopted. As requested by Tim Crotts. 1. For any violation or alleged violation of this Ordinance, the County Manager or designee, deputy sheriff, municipal police officer, or other enforcement officer empowered to enforce this Ordinance, may issue to the owner of (or to the person in custody of) the animal a written warning statement or notice to comply. 2. All written warnings or notices required by this Ordinance shall be provided to the alleged violator as set forth in Collier County Code of Laws and Ordinances 2- 2034Whenever 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. * * * * * * * 4. A violation of this Ordinance is a civil infraction as provided in F.S. § 828.27. For any violation of this Ordinance, the County Manager or designee, deputy sheriff, municipal police officer, or other enforcement officer empowered to enforce this Ordinance, may issue a citation to the violator. * * * * * * * D. Each person or entity that commits one or more civil infraction(s) under this Ordinance, but does not contest the citation, shall pay a fine for each such separate offense as follows: (1) First Offence: $250.00 (2) Second Offence: $350.00 (3) Third, or subsequent, Offence: $500.00 Any fine can be raised up to $500.00 at the discretion of the County Manager or designee. Page 116 of 3949 (1) Nonaggravated violations. Fines for an uncontested citation for violation of any provision of this Ordinance, except any aggravated violation described in Subsection (2), below and as defined above, are as follows: (a) First citation: $100.00 for each first offense. (b) Second citation: $200.00 for each second offense. (c) Third (or more) citation: $300.00 for each such offense if a mandatory appearance is not required by the animal control enforcement officer named on the citation. If a mandatory appearance is required by the animal control enforcement officer named on the citation, the recommended fine should be more than $350.00, but not more than $500.00. The amount of the fine(s) shall be as determined by the special magistrate or other trier of fact. A mandatory appearance shall be required for each third and each subsequent citation if the violator has not at the time of issuance of the citation paid all fines and all surcharges for all prior citations. (2) Aggravated violations. A violation of Section Sixteen, Subsection 9; Section Eleven, if failure to comply with Notice to Comply; or Section Twelve shall be considered an aggravated violation. For each uncontested aggravated violation, the fines and appearance obligations are as follows: (a) First citation: $250.00 for each first aggravated violation. (b) Second citation: $350.00 for each second aggravated violation. (c) Third (or more) citation(s): A mandatory appearance and a recommended fine of more than $400.00 but not more than $500.00 for each such aggravated violation. The amount of such fines shall be determined by the Special Magistrate or other trier of fact. E. The County Manager or designee may require a mandatory appearance before the special magistrate for certain aggravated violations of this ordinance resulting in the unprovoked biting, attacking, or wounding of a domestic animal; violations resulting in the destruction or loss of personal property; second Page 117 of 3949 or subsequent violations of local animal cruelty laws; or violations resulting in the issuance of a third or subsequent citation to a person. The citation must clearly inform the person of the mandatory special magistrate appearance. A person who is required to appear does not have the option of paying the fine instead of appearing before the Special Magistrate. * * * * * * * 5. Penalty Schedule. The following Penalty Schedule is meant as a summary of the penalties set forth above. Should this chart conflict with the penalty provisions set forth above, the penalty provisions shall control: Violation of First Offense Second Offense Third or Subsequent Offense Officer Discretion Permitted? Section Eight Requirement to license and vaccinate except for Section Eight, subsection 1(K) and (L) and subsection 3. Notice to Comply, with a $100.00 citation issued if not in compliance in 15 days Notice to Comply, with a $200.00 citation issued if not in compliance in 15 days Citation: $300.00 No Section Ten General Violations Formal Written Warning Citation $200.00 Citation: $300.00 Yes Section Eleven Manner of Keeping Notice to Comply, with a $250.00 citation issued if not in compliance in specified time up to 15 days Aggravated Citation: $350.00 Aggravated Citation, with mandatory appearance: $400.00— $500.00, as set by the special magistrate No Section Twelve Cruelty to Animal(s) Aggravated Citation: $250.00 Aggravated Citation: $350.00 Aggravated Citation, with mandatory appearance: $400.00— $500.00, as set by the special magistrate No Section Thirteen Dangerous Dog Notice to Comply with a $100.00 citation issued if not in compliance in 15 days Citation: $200.00 Citation: $300.00 Yes Section Fourteen Standards of Care Notice to Comply with a $100.00 Citation: $200.00 Citation: $300.00 No if violation constitutes cruelty Page 118 of 3949 citation issued if not in compliance upon re-inspection Sections Nine Stray Animals and Section Sixteen Impounded Animals Notice to Comply with a $100.00 citation issued if not in compliance in 15 days Citation: $200.00 Citation: $300.00 No Any item not specified above Citation: $100.00 Citation: $200.00 Citation: $300.00 Yes SECTION SIXTEEN: Disposition of impounded animals. As a result of previous draft ordinance and conversation with Tim Crotts. 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), cats with identification, 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). Page 119 of 3949