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Backup Documents 09/23/2025 Item # 9D BCC September 23, 2025 9D Martha S. Vergara Amending Ordinance 2013-33/8z Standards of Care From: Wanda Rodriguez <Wanda.KoangueLeLwIIIeu t.A.Juii y,,.y. .. Sent: Tuesday, September 9, 2025 3:50 PM To: Legal Notice Cc: LynchDiane; BlacklidgeLisa; Sally Ashkar; BirdMadison Subject: FW: legal ad and BIE - Standards of Care - 9.23.25 Attachments: legal ad - amend Ord. 2013-33 re Standards of Care - 9.23.25 BCC.pdf; Business Impact Estimate- amend Ord. 2013-33 re Standards of Care - 9.23.25 BCC.pdf Good afternoon, On behalf of Domestic Animal Services, please publish the attached legal ad and BIE on the legal notice website on Friday. September 12th, through the date of hearing. Staff and attorney approvals are below, and no other approvals are required for this item. The proposed ordinance will be forwarded separately once it is finalized. Please acknowledge receipt. Thank you, Wanda Rodriguez, ACP, CT M Office of the County Attorney (239) 252-8400 colT I FIet, A 9'P 81.O81DA'8 NAYS ACP n c ccu tnn cou Gertlfledp Publict. Manager 2 .5 a.,�.are two From: Sally Ashkar<Sally.Ashkar@colliercountyfl.gov> Sent:Tuesday, September 9, 2025 3:38 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: legal ad and BIE-Standards of Care -9.23.25 Approved. Sally A.Ashkar Assistant County Attorney Collier County Attorney's Office (239)252-8842 From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, September 9, 2025 3:37 PM To: Sally Ashkar<Sally.Ashkar@colliercountyfl.gov> Subject: FW: legal ad and BIE -Standards of Care-9.23.25 Importance: High 1 9D Sally, For your approval ASAP please. Staff approval is below.Thanks, "Wanda Rodriguez, .ACP, CR7v1 Office of the County .Attorney (239) 252-8400 LERTIF/p� w y EMIG ACP n C pU COWERI COUNTY SINCE Certified Public Manager r nYiii.9lM uwsYy2005 From: Diane Lynch <Diane.Lynch@colliercountyfl.gov> Sent:Tuesday, September 9, 2025 3:35 PM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Lisa Blacklidge <Lisa.Blacklidge@colliercountyfl.gov>; Sally Ashkar<Sally.Ashkar@colliercountyfl.gov> Subject: RE: legal ad and BIE -Standards of Care-9.23.25 Great Then yes, these are approved for advertising Diane Lynch Management Analyst II Operations & Regulatory Management (1)-' Office:239-252-4283 Collier Coun 2800 N Horseshoe Drive El IJ X Q I Naples, Florida 34104 Diane.Lynch@colliercountyfl.gov From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, September 9, 2025 3:04 PM To: Diane Lynch <Diane.Lynch@colliercountyfl.gov> Cc: Lisa Blacklidge <Lisa.Blacklidge@colliercountyfl.gov> Subject: legal ad and BIE -Standards of Care -9.23.25 Importance: High Diane, That's fine,we can go ahead and get the advertising submitted while you work with Sally and finalize the ordinance. What I need from you ASAP is approval of the attached legal ad(standard template) and BIE (which you prepared)for publication. I still need to get Sally's approval also after yours, so time is of the essence. 2 9D Wanda Rodriguez, ACP, CPJ11 Office of the County .attorney (239) 252-8400 c TIFipo A 1 PLORI DA'6 mom ACP � ER COUNTY m prom SINGE Certified Public Manager 'w/�tY ra,rwu.e.a, From: Diane Lynch <Diane.Lynch@colliercountyfl.gov> Sent:Tuesday, September 9, 2025 2:39 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Lisa Blacklidge<Lisa.Blacklidge@colliercountyfl.gov>;Sally Ashkar<Sally.Ashkar@colliercountyfl.gov> Subject: RE: advertise for 9/23 -2013-55- Business Impact Estimate I just spoke with Sally about 2013-33 — the title for advertising purposes is ok. The BIE is attached, and I'm working with Lisa to make edits to her edits. Then, I'll send the final version to you and Sally so it can be stamped and uploaded to the 9/23 item. I sent Sally the civicplus ordinance for 2013-55 for her to stamp, and then I'll swap that out for the 9/23 item when I get that back. Diane Lynch Management Analyst II Operations & Regulatory Management 114 Office:239-252-4283 Collier our 2800 N Horseshoe Drive 101 a Naples, Florida 34104 Diane.Lynchacolliercountyfl.gov From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, September 9, 2025 8:27 AM To: Diane Lynch <Diane.Lynch@colliercountyfl.gov> Cc: Lisa Blacklidge <Lisa.Blacklidge@colliercountyfl.gov> Subject: RE: advertise for 9/23 -2013-55- Business Impact Estimate Thanks for the catch, I've corrected the labeling on this BIE. `Wanda Rodriguez, .ACP, CT M 3 Office of the County .Attorney 9 D (239) 252-8400 ; exA �ou©oW SINCE Certified Public Manager 2005 From: Diane Lynch <Diane.Lynch@colliercountyfl.gov> Sent: Monday, September 8, 2025 5:05 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Lisa Blacklidge<Lisa.Blacklidge@colliercountyfl.gov> Subject: RE: advertise for 9/23 -2013-55- Business Impact Estimate The name of the documents is incorrect—the attached BIE is for 2013-55 I'm working on 213-33 now Diane Lynch Management Analyst II Operations & Regulatory Management 4111 Office:239-252-4283 oll ,er Coun 2800 N Horseshoe Drive II I p I X c Naples, Florida 34104 Diane.Lynch(a colliercountyfl.gov From: Diane Lynch <Diane.Lynch@colliercountyfl.gov> Sent: Monday, September 8, 2025 4:26 PM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Lisa Blacklidge <Lisa.Blacklidge@colliercountyfl.gov> Subject: RE: advertise for 9/23 -2013-55- Business Impact Estimate This is perfect, thank you so much for doing this. Diane Lynch Management Analyst II Operations & Regulatory Management it Office:239-252-4283 Collier Coun 2800 N Horseshoe Drive 0 i o I C C Naples, Florida 34104 Diane.LynchCa�colliercountyfl.gov 4 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, September 8, 2025 4:05 PM To: Diane Lynch <Diane.Lynch@colliercountyfl.gov> Cc: Lisa Blacklidge <Lisa.Blacklidge@colliercountyfl.gov> Subject: RE: advertise for 9/23 -2013-55- Business Impact Estimate Diane and Lisa, Each ordinance will have to be published along with a Business Impact Estimate. I have attached the one that was published for the last version of this ordinance amendment, updating the ordinance title and publication date. Please take a look and advise if you would like to make any additional changes. I will also need you to use this template to prepare the BIE for the second ordinance. 'Wanda Rodriguez, MCP, CT.M Office of the County Attorney (239) 252-8400 (4,0 OcvaTIFIF� ;o f 11Y1111Y1 CCOWER OUNTY n program C SINCE Certified Public Manager C� � t6Vr/Sakti ry From: Diane Lynch <Diane.Lynch@colliercountyfl.gov> Sent: Monday, September 8, 2025 3:34 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Lisa Blacklidge <Lisa.Blacklidge@pcolliercountyfl.gov> Subject: advertise for 9/23 -2013-55 The attached ordinance can be advertised. Recommendation to adopt an Ordinance amending Ordinance 2013-55, which established the Standards of Care for Animal-Related Businesses and Organizations, Breeders, and Rodeos Ordinance. There is a second ordinance that will also need to be advertised, 2013-33, but I am waiting to confirm that the information in CivicPlus is what will be advertised, also for 9/23. Recommendation to adopt an Ordinance amending Ordinance 2013-33, as amended, which established the Animal Control Ordinance What do I need to do to help you with this? 5 Diane Lynch 9 D Management Analyst II Operations & Regulatory Management ('�a�'` -.s Office:239-252-4283 Collier Coun 2800 N Horseshoe Drive CI POI X 12 I Naples, Florida 34104 Diane.LynchCa colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 6 9D 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 September 23,2025,in the Board of County Commissioners meeting room,Third floor, Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-33, AS AMENDED, THE COLLIER COUNTY ANIMAL CONTROL ORDINANCE;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. 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(aicolliercountvfl.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 OF THE CIRCUIT COURT AND COMPTROLLER 9D `o • : t% • CULN ,. �ti 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: September 12, 2025 Proposed ordinance's Short Title: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-33, AS AMENDED, THE COLLIER COUNTY ANIMAL CONTROL ORDINANCE; 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. This Business Impact Estimate is provided in accordance with section 125.66(3), Florida Statutes. If one or more boxes are checked below, this means the County is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the County is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. 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. 1 9D 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): Amending definitions, licensing, requirements and penalties. 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. Potential individual minor increases to late fees and penalties are defined within the Ordinance. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: All 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. 2 9D 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. 2018-33 and 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 1 of 11 Words underlined are added; Words struck-through are deleted. • 9D 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 2 of 11 Words underlined are added;Words stru-', ugli are deleted. 2 9D • 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 3 of 11 `Words underlined are added;Words&tmek h are deleted. 9D 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 4 of 11 Words underlined are added;Words mot' ^�cruok thr�4 rough are deleted. , •. 9D 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. I. 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. , to-the violator (or the violator's representative having custodial responsibilities at the location of division may send a letter by certified mail to the violator. Page 5 of 11 Words underlined are added; Words struck-through are deleted. . f , 9 0 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 6 of 11 Words underlined are added; Words struck through are deleted. • 9D 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-felt-viol-Mien-of Subsection a r a b f li (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 ,dat of ed b th al t. 1 F t _______�_.__'_�� �r"cw.«..�� .., .... ...:�'..'...� vj .. .a...a..0 vva.aa va v.cavavvaaavaaa officer named on the citation, If a mandatory appearance is required by the fine should be more than $350.00, but not more than$500.00. The amount 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; , (a) First citation: $250.00 for each first aggravated violation. (b) Second-cite t $350 00 f_ h ,a gg�at . t' . r".ccivi�.p��vvvZi�i-euu-i-f$c�vix�4" cc�-vzv""r"uix'"p"n- (c) Third (or more) citation(s): A mandatory appearance and a a d fi ndene ofmore than$400 00 but t more thannn$c 00 for each the Special Magistrate or other trier of fact. * * * * * * Page 7 of 11 Words underlined are added;Words seugh are deleted. t'� 9D 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. § 828.8-6--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 designeeDivision 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-ferth-abeveS-hou-k144-s-ellart-eenfliet-with-the-penalty-previsions-set-forth penalty p vision shall „trol: • Viohiti elE' �' ee £eeeu A e>lrae -e Ofliccr S re t�# ►ise a lie Section Eight Notice to Comply, Notice to Comply, Citation: $300.00 Ne with-a- 100,00 with-a- 00 Page 8of11 Words underlined are added; Words Mew-Lithrough are deleted. ;`' 9D • citation-issued-if trot-in--compliance oet-in-complianee for Section Eight, in 15 days in-1-5-days subsection-4K) L subsection 3. Section Ten Eit-atieH-$209:80 C-itat-ieni-$399790 Yes General Warning Violations Seetion-Eleven Aggravated Aggravated No Manner-of with, a$250 00 Citation 39-00 Citcrraticn, with Keeeittg citation : ed i f mandatory not-in-comae appearance: -specified time $400.00 up to 15 days $500.00, as set by the-special magistrate Section---Twelve Aggravated Aggravated Aggravated Cruelty to Citation: $250 00 Citation: $350 00 Citation,with Anietal¢s) mandatory appearance: $400.00 $500.00,asset by the-special magistrate Section T een Citation 00.00 Citation: $300.00 Yes Dangerous Dog bra-$4-00.00 tati ed i f nvt.c i-.c.v:i-.iAli �rciriice in 15 days Section-Fourteen Netiee-to Com-ply Citation:-$200.00 No-if-violation Standards of Care with -$400.00 st cruelty citation i ed if not z { Sections Ninne Notice Citation: $200.00 Citation -$3 Noii00.00 Stray Animals and with a$100700 Seetion-Sititeencitation : ed if Impounded not-i+l-eem pl ianee Animals in 15 days Any-item-net 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 9 of 11 Words underlined are added; Words struck, hr-ough are deleted. "" • 9 D 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 three full days (120 72 hours) to provide time for the animal's owner to notify staff of intent to recover the animal. Upon the owner's acknowledgement of an impounded animal, the animal will be held for a minimum of five full days (120 hours) from the date of impoundment, after which time the animal shall be considered abandoned and shall become the property of the Division. Gat(s), kitte n(s1 y(.os) ' 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). 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 three day (120 72 hour) hold. 3. Impoundment of cattle require legal notifications as specified in F.S. § 588.17. 4. The County 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 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 Page 10 of 11 Words underlined are added; Words state' gh are deleted. r" 9D 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. 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 Attorne Ct1ki Page 11 of 11 Words underlined are added; Words stpueli-di-reugh are deleted. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. (Enter your Dept here) 3. County Attorney Office County Attorney Office (� bl 4. BCC Office Board of County BS by MB Commissioners [s] 4 )a,, 5. Minutes and Records Clerk of Court's Office . (0//b5 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Madison Bird / Phone Number 2939 Contact/Department Agenda Date Item was Agenda Item Number 9D (171) Approved by the BCC 1/ 3/2..S Type of Document(s) Number of Original Attached 0fc;,,k„1..e.- Documents Attached PO number or account �/� �j ,(�,[�number if document is I�l(/ 1 - 1 I to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's signature?(stamped unless otherwise stated) MB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by MB the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney MB Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the MB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on q Z'jj and all changes made during N/A is not the meeting have been incorporated in the attar ed document. The County Attorney an option for Office has reviewed the changes, if applicable. this line, 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. this line 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21 9D ORDINANCE NO. 2025 44 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. 2018-33 and 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 1of11 Words underlined are added; Words struck through are deleted. 9D 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 recfuired 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 2 of 11 I Words underlined are added; Words struck through are deleted. 9D 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 wiU-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. b. 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 l 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 he displayed within the licensed premises at a place where it is clearly visible to the public. An animal-related Page 3 of 11 Words underlined are added; Words struckgh are deleted, E • 9D 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 4 of 11 Words underlined are added;Words struck through are deleted. 9D • 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 statutet 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. is 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 division may send a letter by certified mail to the violator. Page 5 of 11 Words underlined are added; Words gtr u^', ,h are deleted. 9D 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 i 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 6 of 11 Words underlined are added; Words struck through are deleted. 9D 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. any prevision 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: $300.04 for each such offense if a thandatefy—affeapance 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(a) 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; 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 ,.:tat;,,„. $350 nn f r e „l na atea , l tie (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 the Special Magistrate or other trier of fact. Page 7 of 11 Words underlined are added; Words&truck throug#i are deleted. 9D 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 mandatoty 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.E 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 l(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 Schredule. The_.following Penalty Schedule ant of the penalties set forth above. Should this chart conflict with the penalty provisions set forth above, the penalty provisions Shall control: ie;Ea ie of �; t-43ffetise Seeettd-O-€fense Th°"„ o i O ffiat' S*bsecttttent Dise-ret-ictn Offense Permitted? Section Eight Notice to Comply, Notice to Comply, . , No Requirement to w a-$-1-0MA A Page 8 of 11 Words underlined are added; Wordsek-hough are deleted. 9D it fieense-ate citation issued if citation issued e if ,t ; l fer-.Soction Bight, in 15 days in 15 days subsection 1(K) and(L)and subsection 3• Section Ten Gitat-ion-$200;00 Citation: $300.00 Yes General Warning Violations Bastian€.1even Netiee-te-Compl-}, Aggravated Aggravated No with ., $250 00 Citation: $350.00 Citation, with Keeping citation issued if rtleadateiy iiet-iii-compl-ianee in-specified-time $100.00 up to 15 days $500.00, as set by magistrate Section Twelve Aggravated Aggravated Aggfavfited Ne Cruelty to Citation: $250.04 Citation: $350.00 Citation,with Anima-l¢s} mandatory appearance: $100.00 $500.00,cis set-i y the special magistrate Section Thirteen Netiee-te-Een}ply Gitatien: $200.00 Cation: $300.00 Yes Dangerous Dog citation issued if in 15 days Seetion-Feapteee Notice t„C ,t, Citation: $300.00 No-if violation Standards of Care citation issued if not in compliance upon re inspection Sections Nino Notice to Comply Citation: $200.00 Citation: $300.00 Ne Stray Animals and w-i -a-V-00-00 Seationr-Sixteen citationaseed-i-f impounded not in compliance Animals in 15 days Any item not Citation: $100.00 Citation: $200.00 Gi tien-$309-:40 vs spec i fted-abeve * * * * * SECTION FIVE: Amendment of Section Sixteen, Disposition of Impounded Animals, of Ordinance No. 2013-33, as amended. Page 9 of 11 Words underlined are added; Words struck thr�rouugh are deleted. 9D 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 fie-three full days (4-2-0-72 hours) to provide time for the animal's owner to notify staff of intent to recover the animal. Upon the owner's acknowledgement of an impounded animal, the animal will be held for a minimum of five full days (120 hours) from the date of impoundment, after which time the animal shall be considered abandoned and shall become the property of the Division. Cat(s), kitten(s), puppy(ies), and aAll animal(s)other than dogs), 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). 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 three day ( 9-72 hour) hold. 3. Impoundment of cattle require legal notifications as specified in F.S. § 588.17. 4, The County 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 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 Page 10 of 11 Words underlined are added; Words st,•., +9 are deleted, 9D I 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 DU,I.,Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this 231 day of Se .,,i, , 2025. ATTEE; BOARD OF COUNTY COMMISSIONERS Crystal . Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA By: .< By.'` ' •;•Irputy Clerk 40.?%/40,4101■4~ L. un , ir Attest as to( irr n''s signature only Appr• , as to form and legality: 4Y Sally Ashkar 1 Assistant County Attorney ` — — VV° This ordinance filed with the Segetory of Stgte'ss Office the 1_ day of OC�Dbur and acknowledgement a�f that filing ,+ his lr0 cloy 8y c Page l l of 11 • Words underlined are added; Words struck-threugh are deleted. f . 9D `x CHI SI, Z.y*rt. - 4 4e; 1'4 -- • ' a 4# MI 1 FLORIDA DEPARTMENT Of STATE , RON DESANTIS CORD BYRD Governor Secretary of State October 2, 2025 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2025-44, which was filed in this office on October 1, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270