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Agenda 08/26/2025 Item #11B (Staff to Advertise an Ordinance Amending Ordinance 2013-33 which established the Animal Control Ordinance)8/26/2025 Item # 11.B ID# 2025-2416 Executive Summary *** To be heard immediately following 9.B. *** Recommendation to direct staff to advertise an Ordinance amending Ordinance 2013-33, as amended, which established the Animal Control Ordinance, and bring back the Ordinance at an advertised public hearing. (Companion Items 9B and 11A) OBJECTIVE: Request authorization for staff to advertise an ordinance amending Ordinance 2013-33, as amended, which established the Animal Control Ordinance to strengthen hobby breeder requirements, penalties, and enforcement. CONSIDERATIONS: 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 Ordinance No. 2024-26. On May 13, 2025, the Board approved this Ordinance to be advertised. At the May 27, 2025, meeting, the Board directed staff to work with the various partners (SNIP Collier, Collier County Special Magistrate, Collier County Sheriff's Office, County Attorney's Office, Code Enforcement, and DAS) to discuss issues and provide recommendations to enhance enforcement. Staff worked with the identified partners to provide the recommendations as outlined within the proposed revised ordinance, summarized as the following: 1. Updates the definition of commercial breeder and hobby breeder. 2. Includes inspection requirements for unaltered dogs and cats. 3. Changes the requirements for inspection notice for breeders. 4. Updated the existing animal-related businesses, animal-related organizations, rodeo, and breeder permit requirements to require a statement of compliance and provides for late fees for permit renewals. 5. Provides for a remedy for unintentional litters for breeders that are not registered. 6. Authorizes the County Manager or designee to deny, suspend, or revoke a permit under stated criteria. 7. Consolidates penalties fines and provides for the County Manager or designee to require mandatory appearance before the special magistrate. 8. Provides the Special Magistrate with additional authority. Associated fees outlined in the Domestic Animal Services Fee Policy Resolution will be presented alongside this Ordinance for final consideration. 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 is approved as to form and legality and requires a majority vote for approval. -SAA RECOMMENDATIONS: To authorize staff to advertise an Ordinance amending Ordinance 2013-33, as amended, which established the Animal Control Ordinance. PREPARED BY: Lisa Blacklidge, Planning Manager, Development Review Division, Growth Management Department ATTACHMENTS: 1. Ordinance Animal Control Page 1 of 11 Words underlined are added; Words struck through are deleted. ORDINANCE NO. 2025 -_____ 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; BY AMENDING DEFINITIONS; BY AMENDING LICENSING REQUIREMENTS; BY AMENDING THE STANDARDS OF CARE; BY AMENDING PENALTIES; BY AMENDING THE DISPOSITION OF IMPOUNDED ANIMALS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING 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 Nos. 2018-33and 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 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 ONE: Amendment of Section Three, Definitions, of Ordinance No. 2013-33, as amended. 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 context clearly indicates a different meaning: * * * * * * * 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. * * * * * * * Page 2 of 11 Words underlined are added; Words struck through are deleted. Domestic animal means any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other domesticated beast or bird. * * * * * * * 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, which results in the 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 TWO: Amendment of Section Eight, County Rabies/License certificate; tags, vaccination required, of Ordinance No. 2013-33, as amended. 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 old or older. * * * * * * * M. License fees are not required for Police Working Dogs; but such animals must be licensed and must have received their rabies vaccination. In order to receive these license tags at no charge, the owner must have the animal licensed through animal services. Police working dogs vaccinated anywhere else will be liable to pay the surcharge imposed by the veterinarian only. N. At time of licensing or renewal, each owner shall be required as part of the application process to submit a sworn or affirmed statement the dog or cat has not been used as a sire or dame in the last twelve (12) months. O. Dogs or cats that are unaltered due to a medical exemption must provide a letter of exemption from a licensed veterinarian. * * * * * * * SECTION THREE: Amendment of Section Fourteen, Standards of Care, of Ordinance No. 2013-33, as amended. Page 3 of 11 Words underlined are added; Words struck through are deleted. 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 County 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 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 may will inspect the premises of any breeder on a quarterly basis, and shall inspect the premises at a minimum on an annual basis. Inspections shall occur during normal business hours. 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 County 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 may 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 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 Page 4 of 11 Words underlined are added; Words struck through are deleted. 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 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 fifteen (15) days from birth of puppies or kittens to 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) violation of any related animal ordinance or statute, within a five-year period, each resulting in the imposition of a fine or penalty; C. The permit holder or 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 as specified Page 5 of 11 Words underlined are added; Words struck through are deleted. in the Collier County Animal Abuser Registry Ordinance, Collier County Code of Laws Section 14, Article V. The permit may also be suspended if charged, but not yet convicted. E. An animal under the care and responsibility of a permit holder or 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 or applicant and/or their employees or agents refuse to allow inspection of the premises; G. The permit holder or applicant, or a member of the household if a home- based business, has had a final judgment entered against them based upon a finding of animal neglect or mistreatment pursuant to Florida Statutes § 828.073 or comparable statute; H. The permit holder or 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 judgment against him/her based upon a finding of animal neglect or mistreatment pursuant to Florida Statutes § 828.073 or comparable statute; or 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 to the special magistrate or in a court of competent jurisdiction within thirty-calendar days from the date of notice, as otherwise specified in Collier County Code of Laws and Ordinances, Section 2-2034, Notices. * * * * * * * SECTION FOUR: Amendment of Section Fifteen, Penalties, of Ordinance No. 2013-33, as amended. SECTION FIFTEEN: Penalties. 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, Section 2-2034, Notices. 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. Page 6 of 11 Words underlined are added; Words struck through are deleted. 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 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. If the County Manager or designee has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the County Manager or designee shall make a reasonable effort to notify the Violator and may immediately notify the Special Magistrate and request a hearing. Under such circumstances, the Officer shall not be required to adhere to the notice and time requirements as set forth above. 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. A. A citation issued by an animal control enforcement officer under the provisions of this section shall be in a form prescribed by the board. Such citation shall contain all known information required by F.S. § 828.27, including the date and time of issuance of the citation; name and address of the person in violation; the date of the violation; description of the animal involved; the section or sections of this Ordinance, or subsequent amendments, violated; the facts constituting probable cause; name and authority of the citing enforcement officer; also the procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear before the special magistrate when a mandatory appearance is required as specified in the citation or when scheduled by the code enforcement department, in which case there is no option but to appear before the special magistrate; the applicable civil penalty if the person elects not to contest the citation and the applicable civil penalty if the person elects to contest the citation; also a conspicuous statement of the effect of failure to promptly pay the fine or appear before the special magistrate or in court. Subject to the limitations now or hereafter specified in F.S. § 828.27, a mandatory special magistrate or court appearance may be required by the issuing officer. Mandatory appearances before a special magistrate may also be ordered by the special magistrate as specified in this section, or as otherwise within the special magistrate's authority. B. Upon conviction of any civil infraction, the violator shall be punished by a fine not to exceed $500.00 in the discretion of the court or special magistrate, as applicable. Each day of the violation or noncompliance as to each animal shall be considered as a separate and distinct offense. In addition, any person convicted under any provisions of this Ordinance shall pay all costs and expenses involved in the case. C. Each violator shall be required to pay an administrative surcharge of $5.00, plus a $2.00 surcharge to pay the costs of the 40-hour minimum standards training course for animal control enforcement officers for each cited violation. Page 7 of 11 Words underlined are added; Words struck through are deleted. 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 Offense: $250.00 (2) Second Offense: $350.00 (3) Third, or subsequent, Offense: $475.00 If a person fails to pay the civil penalty specified within the time allowed, fails to request a hearing, or fails to appear before the special magistrate to contest the citation or notice to appear, the violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered against the person in an amount up to the maximum civil penalty of $500.00 per violation, but not less than the amount of the penalty set forth in the schedule for uncontested violations. (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. * * * * * * * Page 8 of 11 Words underlined are added; Words struck through are deleted. F. The Officer may require a mandatory appearance before the special magistrate for certain 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 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. * * * * * * * K. The named violator or the county may seek to overturn a final order of the Special Magistrate by making application to the county court for a trial de novo on the merits. Such application must be filed within 30 calendar days from the rendition of the order sought to be overturned. A violator will have the right to a de novo proceeding provided that all administrative remedies have been exhausted. Failure to make such application within the required time period will render the findings and order of the Special Magistrate conclusive, binding, and final. All findings of the Special Magistrate will be evidence at any de novo proceeding held pursuant to this subsection. All dangerous dog hearings and appeals shall follow the procedures set forth in Section 14-38 of this Code. * * * * * * * M. If any penalty provision specified by F.S. § 828.86 27 is amended, such amended penalty provisions shall apply to this Ordinance without further action by the board of county commissioners. * * * * * * * P. Violations of Section Eight, subsections 1(K) and 1(L) and subsection 3, shall not result in a citation and/or monetary penalty, but may result in the County Manager or designee Division revoking the veterinarian's authorization to issue County licenses. Q. The Special Magistrate may refer any violation to the Sheriff’s Office, Police Department, State Attorney’s Office, or other law enforcement authority for criminal charges or inclusion in the Animal Abuse Registry. 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 Notice to Comply, with a $100.00 Notice to Comply, with a $200.00 Citation: $300.00 No Page 9 of 11 Words underlined are added; Words struck through are deleted. license and vaccinate except for Section Eight, subsection 1(K) and (L) and subsection 3. citation issued if not in compliance in 15 days citation issued if not in compliance in 15 days 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 issued if not in compliance upon re-inspection Citation: $200.00 Citation: $300.00 No if violation constitutes cruelty 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 FIVE: Amendment of Section Sixteen, Disposition of Impounded Animals, of Ordinance No. 2013-33, as amended. Page 10 of 11 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), 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). * * * * * * * 5. Animals that are impounded for safe keeping at the request of a first-responding agency due to the death or medical emergency or incarceration 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 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, placed with a qualified foster, or may be euthanized, at the discretion of the County Manager or designee. * * * * * * * SECTION SIX: 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 SEVEN: 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 EIGHT: 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. Page 11 of 11 Words underlined are added; Words struck through are deleted. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Burt L. Saunders, Chair Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney