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Ordinance 2010-03 o.{;~ ....'V"" f 7{o~ I , fJf(1Cf1/r: '~ 2 IIC,i;tY 'r.\: f'} -" ' m - Qj c'\ - . ORDINANCE NO. 2010-03 c" ..~}i ~ r:J <:""c'O~ '" ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF .$'~&&\.-t; OLLIER COUNTY, FLORmA, AMENDING ORDINANCE NO. 2008-51, PERTAINING TO ANIMAL CONTROL, BY AMENDING SECTION TWO, "DEFINITIONS," SECTION SIX, "RABIES CONTROL," SECTION SEVEN, "LICENSE CERTIFICATE; T AGS, VACCINATION REQUIRED," SECTION NINE, "INHUMANE TREATMENT OF ANIMALS," AND SECTION TEN, "DANGEROUS OR VICIOUS DOGS, DEFINITIONS AND PROCEDURES," AND BY ADDING SECTION SEVENTEEN, "FERAL CATS," IN ORDER TO AMEND THE DANGEROUS DOG DECLARA TION APPEALS PROCESSES, ESTABLISH REGULATIONS RELATING TO FERAL CATS AND ADD PROVISIONS REGARDING THE TETHERING OF DOGS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVmING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVmING AN EFFECTIVE DATE. WHEREAS, on September 9, 2008, the Board of County Commissioners (Board) adopted Ordinance No. 2008-51, repealing prior ordinances pertaining to animal control in order to establish revised, more stringent procedures and violations relating to dangerous dogs and also provide for an efficient method of revising fee schedules; and WHEREAS, the Board desires to amend Ordinance No. 2008-51, to amend the dangerous dog declaration appeals processes, establish regulations relating to feral cats and add provisions regarding the tethering of dogs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 2008-51. Section Two of Ordinance No. 2008-51 is hereby amcnded as follows: SECTION TWO: DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except wherc the context clearly indicates a difl'erent mcaning: Aggressive animal mcans any animal of fiercc or dangerous propensities likely to cause physical injury or property damagc or that exhibits traits ofungovernableness. Words Underlined are added: Words SIFH€k-+flfoog!; are deleted. Page 1 of II Animal means every living dumb creature. Animal $~ervices means the Collier County Domestic Animal Services department. Animal services center means any place approved as such by the Board of County Commissioners for the detention. care and/or treatment of animals in custody. At-large mcans off thc premises of the owner and not under the direct control of the owner or other competent person, on a suitable lcash of dependable strength sufficient to restrain the animal. * * * * * * * * * * Director of animal services means the director of the Collier County Domestic Animal Services department, or his or her dcsignce. Earnotched means a "v" has been cut from the tip of the left ear of a cat. EartirJfJed means the tip of the left car of a cat has been cut in a straight line. Feral cat means a cat that is free roaming and exists in a wild or untamed state. Feral cat careziver means any person who provides food. water. or shelter. or otherwise cares for (a) feral cat(s). Feral cat colony means a group of cats that congregates. more or less. as a unit. Nonferal cats that congrcgate with a feral cat colony shall be deem cd a part of it. Health officer means the director of the County health department, or his designee. * * * * * * * * * * Stable means any place of business or premises used to maintain four-legged grazing animals for the purpose of either a riding stable, pony rides, livery stable, animal rental and/or animal boarding facilities, for a fce. Tether means to rcstrain a dog by tying the dog to any obiect or structure. including without limitation a house. tree. fence. post. garage. or shed. by any means. including without limitation a chain. rope. cord. leash. or running line. Tethering shall not include using a leash to walk a dog. Words Underlined are added; Words SImek Tl1rwgll are deleted. Page 2 of 11 Torture, torment or cruelty means any act, omISSIon or negligence causing or allowing to continue unnecessary or unjustifiable pain or suffering when there is remedy or relief reasonably available. Trav-neuter-return means the practicc of humanely trapping feral cats; ensuring they are spayed or neutered, vaecinated. and earnotched or eartipped; and returning them to their feral cat colonies. Trao-neuter-return orozram means the practice of trap-neuter-return and other best managemcnt practiccs intended to diminish the 1JQPulation of feral cats within the community. Vaccination means administering to any animal, pursuant to a certificate of vaccination issued by a licenscd state veterinarian. an anti-rabies vaccine approved by the state department of health and rehabilitative services. Wild animal means any living non-domesticated species defined as wildlife by the wildlife code of the state fish and wildlife conservation commission, and any free-roaming cat or dog. SECTION TWO: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2008-51. Section Six of Ordinance No. 2008-51 is hereby amended as follows: SECTION SIX: RABIES CONTROL. I. The director of animal services shall give first priority to requests of the health officer to invcstigate cases involving rabies or the suspicion of rabies. 2. Any person having knowledge of an animal biting, scratching or otherwise wounding a person by contact shall immediately report the facts to the County health departmcnt or to the department of animal services, including: A. The victim'S name, approximate agc and address; B. The animal owner's name and address; C. The animal's description and location; and D. Namcs and dcscription of other pcrsons and animals involvcd. 3. An animal known to have bitten or scratchcd a human or an animal suspected of having rabies shall, if possible, be captured or taken into custody by the director of animal services. police. sherin's office, or health officer. A. Unvaccinated dogs and cats will be impounded and quarantined for ten days of clinical observation in the animal services center or at a local vetcrinarian clinic authorizcd by the health officcr or director of animal services. Impoundment and boarding fees will be paid by the owner of the animal. Words l)ndcrlineQ are added; Words StRlC~ arc deleted. Page 3 of I I Other animals will be impounded and quarantined by direction of the health officcr or dircctor of animal services. B. Dogs or cats that have a current vaccination may be confined under quarantine by fence or suitable cnclosure on the premises of the owner, or at somc other location approved by the health officer or the director of animal servIces. C. Earnotched or eartipped feral cats will be impounded and quarantined for ten days of clinical observation in the animal services center if possible. If the cat cannot be trapped for impoundment, it will be observed daily by its feral cat caregiver. Feral cats that arc not earnotehed or eartipped will be deemed to bc unvaccinated. 4. Wild animals that are susceptible of carrying rabics, that are being held in captivity, or possessed as pets by private pcrsons who are properly licensed, but which animals have not been vaccinated with a proven anti-rabies vaccine that has been developed for that speci fied species of animal and which vaccine is recognized as an effectivc vaccine by the health officer, or for which no known rabies incubation period has been established by research recognized by the health ol1icer, which animal has either bitten a human bcing or which animal is suspected of having rabies, shall be impounded and quarantined by the director of animal services upon the recommendation of the health officer. The animal will be held in quarantine for a specified period of time as directed by the health officer. * * * * * * * * * * SECTION THREE: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 2008-51. Section Seven of Ordinance No. 2008-51 is hereby amcnded as follows: SECTION SEVEN: LICENSE CERTIFICATE; TAGS, VACCINATION REQUIRED. I. Any owner of a dog or cat shall obtain a County license for each such animal when the animal is four months old or older. A. The license will be issued for a period of one year and is required to be renewed annually thereafter and must remain current at all times. B. The record corresponding to the liccnse shall contain the name of the owner, address, breed, sex and color of each animal, or other descriptive data. C. A tag designating the license numbcr shall be issued. Words Underlined are added: Words Struc1, Thro"gh are deleted. Page 4 of II D. The tag shall be affixed to the animal's collar or harness at all times, except when the animal is confined, securely fenced or participating in an organized match, show, trial, or obedience training. E. The license issued under this section shall not be transferable from animal to animal or from owncr to owner. F. Each license and tag must be obtained from persons designated by the director of animal services. Liccnse forms provided by the director of animal services for the registration and licensing of dogs and cats shall be completed and be submitted to the director of animal services. G. Veterinarians are authorized to sell dog licenses and cat licenses and are authorized to charge a surcharge for this service. The amount of the authorized surcharge is established and revised by resolutions adopted by the Board of County Commissioners. Forms and license tags will be furnished by the County to thc veterinarian. 2. Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for rabies when the animal is four months old or older. The owner of every dog, cat, and ferret shall have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer's directions. Every owncr shall provide proof of vaccination upon demand of the health ot1icer or his designee or any other person authorized to enforce this article. Animal services may deny issuance of a license to any animal without a current rabies vaccination. No vaccination is required if a licensed veterinarian certifies in writing that the vaccination would endanger the animal's hcalth. 3. Cats belonging to feral cat colonics that arc registered with an agency contracted with Collier County to manage a trap-neuter-return program shall be exempt from the requirement to license. ;> :[. Licensc fees arc established and revised by resolutions of the Board of County Commissioners. A portion of each non-neutered/non-spayed animal license fee will be deposited in the County neutcr/spay trust fund for the purpose of funding the County's neutcr/spay program. Thc amount to be deposited is established and revised by resolutions adopted by the Board of County Commissioners. SECTION FOUR: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2008-51. Section Nine of Ordinance No. 2008-51 is hereby amended as follows: SECTION NINE: INHUMANE TREATMENT OF ANIMALS. Words Underlined are added; Words Stmek Tl1rO"gR are deleled. Page 5 of 1 I 1. It shall be unlawful for any person to: A. Cause, encourage, allow, permit or suffer any dog, cock, or other animal to participate in, or be trained to fight othcr dogs or cocks, or to maim, mutilate or disfigure an animal of the same or another spccies, including as an object (lure) to tempt or entice another animal to race, usually on a track. B. Maim or distigure any dog, cat, or other animal. C. Administer poison or expose any poisonous substance with reason to know that the same may kill an animal other than the common rat or mouse. D. Own or possess a dog that is known to habitually attack, injure, or kill other animals. E. Torment any animal or deprive any animal of shelter or sufficient quantity of good and wholesomc f()od and water. F. Keep any animal in an enclosure without wholesome exercise and change of aIr. G. Abandon to die any animal that is maimed, sick, deformed or diseased. H. Beat and cause unnecessary injury and suffering to any animal. I. Carry any animal upon or leave any animal in any vehicle in a cruel or inhumane manner or in any manner that threatens the health of the animal, such as by overheating, lack of sufficient fresh air, wholesomc food, and/or potable water. 2. Any enclosure used as a primary means of confincment for a dog must meet the definition of proper cnclosure as stated in Section Ten of this Ordinance. It shall be unlawful for a responsible party to tether a dog while outdoors. except when all of thc following conditions arc met. This section shall not apply to the transportation of dogs. A. The dog is in visual range of the responsible party, and the responsible partv is located outsidc with the dog. B. The tether is connectcd to the dog by a buckle-type collar or a body harness madc of nylon or leather, not less than one inch in width. C. The tethcr has the following properties: it is at least five times the length of the dog's hody, as measured from the tip of the nosc to the basc of thc tail; it terminates at both ends with a swivel: it does not weigh more than li8 of the dog's weight; and it is free of tangles. Words Underlined are addcd; Words StRlC~ are deleled. Page 6 of II D. The dog is tcthered in such a manner as to prcvent iniury, strangulation, or entanglcmcnt. E. The dog is not outside during a period of extreme weather, including without [imitation extreme heat or near-freezing temperatures, thunderstorn1s, tornadoes, tropical storms, or hurricanes. F. The dog has access to water, shclter, and dry ground. G. The dog is at least six months of age. Puppies shall not be tethered. H. The dog is not sick or iniured. I. Pulley, running line, or trolley systems are at least 15 feet in length and are less than 7 feet above the ground. J. If there are multiple dogs, each dog is tethered separately. :6 J The director of animal services shall impound any animal found to be cruelly treated as defined in this article. :; '1:. Whoever violates any provision of this section shall forfeit his right to license an animal in the County for onc year in addition to any other penalty provided by this article or othcrwisc by law. Any ownership of such animal without benefit of a license shall be dcemcd an additional violation of this article. SECTION FIVE: AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2008-51. Section Tcn of Ordinance No. 2008-51 is hereby amended as follows: SECTION TEN: DANGEROUS OR VICIOUS DOGS, DEFINITIONS, AND PROCEDURES. 1. Definitions. A. Dangerous or vicious dog means any dog that according to the records of thc appropriate authority; (I) Has aggressively bitten, attackcd, or endangered or has inflicted severe injury on a human being on public or private property; (2) Has severely injured or killed a domestic animal while off the owner's propcrty; Words Underlined are added; Words "truek 'Fhfoogfi are deteted, Page 7 of 11 (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. B. Unprovoked means that thc victim who has been conducting himself and lawfully has been bitten or chased in a menacing fashion or or herself peacefully attacked by a dog. C. Severe injury means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. D. Investigation is conducted by animal services. Animal services must interview the dog's owner when possible and may require a sworn affidavit from any person desiring to have a dog classified as dangerous. E. Proper enclosure means that, while on the owner's property, the dog can bc sccurely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such a pen or structure shall be structurally sound, made of materials impervious to moisture, havc secure sides and a sccure top to prevent the dog from escaping over, under, or through the structure, and shall also provide protcction from iniurv and the elements. The square footage of a proper enclosure used as a primary means of confinement for a dog must be equal to or greater than the length of the animal from the tip of the nose to the base of the tail. doubled, then squared, and divided by 144. For example, a dog measuring 30 inches from the tip of the nose to the base of the tail will require a 25- squarc-foot enclosure (30 x 2 = 60; 60 x 60 = 3600; 3600/ 144 = 25). The height of the enclosure shall be equal to or greater than the length of the animal from the tip of the nose to the base of the tail multiplied bv 1.5. 2. Procedure. Words l)nderlined are added; Words Slruell Tl1raHglt are deleted. Page 8 of II A. If the director of animal services, or his or her designee, makes an initial determination that a dog is dangerous, based on the initial investigation, the County shall provide written notification of that determination to the owner of the dog. Notice shall be by certified mail, by ccrtified hand dclivcry, by service pursuant to Chapter 48, Florida Statutes, or as otherwise authorized by Florida Statute. The dircctor's initial determination shall automatically become final unless the dog's owner, within seven calendar days after reeeipt of the notice, files a written rcquest for a hearing to challenge the director's initial determination. Thc written request must be submitted to animal serviccs. If the dog's owner filcs a timely written request for a challenge hearing, the efTectivc date of the determination shall be the date of the final decision of the Special Magistrate. cAalleflge hearing panel. B. Any owner of a dog that is initially declared dangerous by the director of animal services may appeal that decision to the Code Enforcement Special Magistrate. a tAree member appeals l'HlIlel cOflsistiflg of the following members: General manager of the county humane society or his or her employee desigflee, afld any two employees in the public services departmeflt, flOt tolflder the direetiofl or eOfltrol of the director of animal sen'ices, ""he are choscn OR a ease by ease basis by the pl1blie seryiees administrator. This hearing shall be held as soon as possible. but not more than 21 calendar days and no sooncr than 5 days after receipt of rcquest from the owner. The hearing may only bc continued by agreemcnt of both parties. C. If the Special Magistrate's determination is to uphold the dangerous dog classification, animal services shall provide written notification to the owner as required in subsection (A) above. The dog owner may file a written rcquest for a hearing in county court to appeal thc classification within ten (10) business days after receiving notice. This rcquest for hearing must be filed with the county court, and a copy provided to animal services within the time provided. Any such appeal shall not be a hearing de novo, but shall be limitcd to appellate r~view of the record creatcd before the Special Magistrate. D. If the dog is not impounded during this time, the dog must be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. No dog that is the subject of an investigation shall be relocated or ownership transferred during this time. Words Underlined are added; Words SlfHel, TRroHgl1 are deleted. Pagc 9 of II E. Animal serVIces may impound any dog under investigation if the owner is unablc or unwilling to securely confinc the dog during the investigation. Upon writtcn notice from animal services, the owner must allow access to the dog for the purposes of impoundment. If the dog is impounded during this time, the owner is responsible for all costs related to impoundment unless the owner ultimately prevails and the dog is not declared dangerous. * * * * * * * * * * SECTION SIX: ADDITION OF SECTION SEVENTEEN TO ORDINANCE NO. 2008-51. SECTION SEVENTEEN: FERAL CATS. I. Feral cat colonies shall be permitted when registered with an agency contracted with Collier County to manage a trap-neuter-return program. 2. Feral cat colonies shall be managed In compliance with the terms and conditions of such a contract. 3. In the event animal services reccives a complaint of an alleged violation of Section Eight of this Ordinance, the agency contracted with Collier County to manage a trap-neuter-return program shall be given 15 days to remedy said violation. Thereafter, all normal provisions of this Ordinancc apply. 4. For the purposes of cnforcement of this Ordinance, a feral eat's caregiver shall be considered its owner. SECTION SEVEN: CONFLICT AND SEVERABILITY. In the event this article conflicts with any other ordinance of the County, or any municipality thcrein, or other applicable law, the more restrictive shall apply. If any phrase or portion of this 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 EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Words Underlincq are added; Words Sffil€k TArougl1 are deleted. Page 10 of II The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE: EFFECTIVE DATE. This Ordinance shall be cffective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 26th day of January, 2010. A 1TEST: DWIGHT E. BROCK, Clcrk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. ~~(c By: ;\..1 t,,J ("""YQ~ , , FRED W. COYLE, CHAIRMAN At~st .. to Ch4I'~U~y Clerk . fonatl.l,.t on, , Approved as to form and legal sufliciency: C~/YJ ~ Colleen M. Greene Assistant County Attorney 04wDAS-O II 08/980 fhis ordina,.,t~ fi led with the SeQetary of ~e's Office the ~dayof ~.J') ,. ~I() and ocknowledgemel)t, of that fili~~eived this ::::::J.- day of ~~f:-t Y Deputy Chlirk Words Underlined are added; Words SlrHc!( Tl1rOHgA are deleted. Page II of I I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-03 Which was adopted by the Board of County Commissioners on the 26th day of January, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~ ..~ _.._____~~,.....~'_.._......_.._.H.~..'______.~._,.