Ordinance 78-16ORDINANCE 78-16
AN ORDINANCE PROVIDING FOR TIIE LICENSING
OF DOGS AND CATS; PROVIDING FOR VACCINATION
OF DOGS, CATS AND OTHER ANIMALS; PROHIBITING
INHUMANE TREATMENT OF ANIMALS; PROVIDING
FOR QUARANTINE OF ANIMALS; REGULATING
KENNELS, PET SHOPS, STABLES AND RODEOS;
REGULATING PSITTACINE BIRDS; PROVIDING
FOR IMPOUNDMENT, ADOPTION, REDEMPTION OF
ANIM/~LS; REGULATING ANIMALS RUNNING AT
~8~G~, VICIOUS ANIMALS AND ANIMAL
~NCES; PROVIDE FOR THE HUMANE
~ucT~ON OF ~I~s; DEFI~ ~HE :
~.I~_S TO ENFORCE; PROVIDE FOR CONSTRUCTION,
~O~F~ICT, SEVERENCE, REPEAL OF ORDINANCE 74-
~9~ ~ENALTIES AND EFFECTIVE DATE.
.J
IT OR~INED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA THAT CHAPTER 5 OF THE COLLIER COUNTY CODE BE
REVISED TO READ AS FOLLOWS~
SECTION ONE~
1. Definitions~
A.
locomotion.
B.
"Animal" - any living dumb creature capable of self-
"Animal Control Center" - a place approved by the Board
of County Commissioners for the detention, care and treatment of
animals in custody.
C. "Animal Regulation Officer" - the Collier County
Animal Regulations Officer or his designee.
D. "At-large" - shall mean off the premises of the owner,
and not under the direct control, custody, charge or possession of the
owner or other responsible person, either by leash, cord, ch~ o~
otherwise. ~m -
E. "Board - the Board of County Commissioners o~ol~errrl
County, Florida. ~ ~
F. Business - holding oneself out, either expressly~-
impliedly, to the public or a portion of the public on a continual,
regular and permanent basis to buy or sell.
G. "County Veterinarian" - the veterinarian, duly licensed
by the State of Florida, appointed by the Board to be a consultant to
the Collier County Health Department, and Animal Regulation Officer.
H. "Dangerous or Vicious Animals" - any animal of fierce
or dangerous propensities likely to cause personal injury or property
008 47( )
March 2, 1978
Revised
Q. "Livestock" - shall include all animals of equine,
bovine, er swine class, including sheep, goats and other grazing
animals.
R. "Stable" - any place or premises used to maintain four-
legged grazing animals for the purpose of a riding stable, pony rides,
livery stable, animal rental and boarding facilities, for a fee.
S. "Rodeo" - any event or show involving the use of
equine and/or bovine for the exhibition of skills in ridingS' bronco or
bull riding, calf roping, and bulldogging, where a fee is charged to
witness the event.
T. "Vaccination" - any anti-rabies vaccine which is
approved by the Director of the Collier County Department of ~ealth,
administered under the authority or d~rection of a veterinarian licensed
by the State of Florida, and for which a certificate of vaccination
has been issued.
SECTION TWOs
License Certificate~ Tags. and Vaccination Required
A. Every owner of a dog or cat over the age of four (4)
months shall obtain a Collier County license for such animal.
(1} The license will be issued for a period of one
year and required to be renewed annually thereafter.
(2) No license shall be issued unless such animal has
been vaccinated and certificate of vaccination presented to licensing
authority.
(3} The certificate of license shall contain the name
of the owner, address, breed and sex of animal, color or other descriptive
data.
(4) A metal tag designating the year and license
number shall be issued.
($) The metal license 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.
(3)
damage, exhibits ungovernable traits, or any animal that has bitten
one or more persons without substantial provocation on two separate
occasions within a period of six (6) months.
. I. "Direct Control" - the immediate, continuous physical
control of an animal at all times by such means as a fence, leash,
cord, or chain sufficient to restrain the same; or a specially trained
or hunting animal which immediately responds to commands, direct '.
control shall also include oral control, if the controlling~person is
an adult ~t all times ~ithin unobstructed sight and hearing of the
animal.
J. "Health Officer" - the Director of the Collier County
Health Department or his agent.
K. "Kennel" - any place of business where dogs or oats are
maintained.for sale, breeding, boarding, treatment or grooming purposes.
L. "Owner" - any person with the right or duty to control
or any person owning, possessing, harboring or keeping an animal.
M. "Pet Shop" - any place or premise used to maintain
animals for the purpose of retail .sale, exhibition, adoption or
donation, including a breeding kennel; any Humane Society or Animal
Protection Agency; except a natural person owning dogs and cats for
one hundred twenty (120) days or more tha~ have been produced by one
(1) or two (2) females owned by such person during a twelve-month (12)
period shall not be considered as operating a pet shop.
N. "Psittacine Birds" - shall include all birds commonly
known as parrots, amazons, mexican doubleheads, parakeets, African
grays, cockatoos, macaws, lovebirds, loris, lorikeets and other of the
psittacine family.
O. "Torture, Torment or Cruelty" - includes any act,
omissions or negligence causing or allowing to continue unnecessary or
unj~stifiable pain.or suffering when there is remedy or relief reasonably
available.
P. "Wild Animal" - any living non-domesticated species
defined as wildlife by the wildlife code of the State of Florida Game
and Fresh Water Fish Commission, and to include any free-roaming cat
or dog.
(2)
008
(6) The license issued under this section shall not be
transferable from animal nor from owner-to-owner.
B. Every owner of a dog or cat over four (.4} months of age
shall have such animal vaccinated.
(1} No vaccination is required if a licensed veterinarian
certifies that the vaccination would endanger the animal's health. A
temporary license will be issued in this matter until the animal can
be vaccinated.
be $2.00.
Cost of license for dOg and cats shall be=
DOg $3.oo
Cat $3.00
(1) Cost of obtainiog duplicate license and tags shall
(2) The cost of license wtll be waived for= Persons
who are l~gally blind or deaf.whose dog is a seeing-eye or a hearing-
ear dog.
(3) A person owning fiye or more dogs or cats may
obtain a kenneli~g license for a fee of $20.00. A metal license tag
and certificate of r~gistration shall be issued for each animal in the
kennel.
(4) License and tag shall be obtained from persons
designated by the County Manager' these persons shall complete license
forms provided by the Animal R~gulation Officer for the registration
and licensing of dogs and cats, and submit the completed forms to the
Animal R~gulation Officer.
(5~ One dollar of each license fee shall be set aside
and placed into a separate fund which shall be used to establish and
maintain a "neutering program."
SECTION THREE:
Rabies Control,'Prior~ty., Reportin~.Impoundm~ntr Wild
or Exotic Animalst Destruction of Rabid o'r Suspected Rabid Animals.
A. The Animal Regulation Officer shall, give first priority
to requests of the ~ealth Officer to invest~gate cases involving
rabies or suspicion of rabies.
B. Any person having knowledge of an animal scratchiog or
otherwise wo~mdt~g a person by contact, shall immediately report the
facts to the County'Health Department, or Animal Control, includi~g;
(1} the victim's name, approximate 9ge an~ address, ~2} the animal
owner's name, address, (3) the animal's description and location, (4)
names and description of other persons and animals involved.
C. An animal known to have bitten or scratched a human or
suspected of having rabies shall be captured or taken into custody by
the Animal Regulation Officer,.Police, Sheriff or Health Officer.
Unvaccinated dogs or cats will be impounded and quarantined for ten ..
(10) days of clinical observation in the Animal Control Center or
other plac~ designated by Health Officer. Impoundment and boarding
fees will be paid by the owner of the animal. Other animal~ will be
impounded and quarantined by direction of.the Health Officer.
(1) Dogs or cats known to have bitten a human and have
a current vaccination may be confined under quarantine by fence, or
suitable enclosure on the premises of the owner, or at some other
location, approved by the Health Officer or. Animal Regulation Officer.
D. Wild animals being held in captivity or possessed as
pets by private persons properly licensed, not vaccinated with a
proven anti-rabies vaccine that has been developed for the specific
species of animal and recognized as an effective vaccine by the Health
Officer or which no known rabies incubation period has been established
by research recognized by the Health. Officer, which has bitten a human
being or suspected of having rabies shall be impounded and quarantined
by the Animal Regulation Officer upon the recommendation of the Health
Officer. The animal will be held in quarantine for a specific period
of time as directed by the Health Officer.
(1) The wild animal may .be sacrificed at the discretion
of the Health Officer. for the purpose of laboratory analysis to determine
if the animal is rabid when the health and welfare of the person
bitten is in Jeopardy. The decision of sacrificing the animal w111 be
based upon history, of possible exposure of the animal to rabies.
E. Animals possessed in licensed attractions, zoo, circus,
or educational, institutions that are known to have bitten a human
being shall be isolated and subjected to a quarantine period at a
location as directed by the Health Officer. In determining the quarantine
and location, the Health Officer shall, make his decision on the history
of the animal's possible exposure to rabies.
F. No animal may be removed from place of quarantine
without written authorization of the Health Officer or his designee.
(1) If any animal dies during quarantine, the person
holding the animal in quarantino shall immediately notify the Health
Officer or Animal Regulations Officer and surrender the body of the
animal without altering the body in any manner.
G. All unvaccinated'dogs, cats, and other animals bitten
by a known rabid animal shall be immediately destroyed. If it is an
owned animal, the owner may elect to have [hQ animal confined and
quarantined at the Animal Control Center or some other l~catton approved
by the He<h Officer for clinical observation. The detention of the
animal will be at the owner's expense.
H. The Animal Regulation Officer, Sheriff, or Municipal
Police Officer, shall have authority to kill in order to procure any
animal that is known to have bitten a human being or suspected of
· having rabies if.all other reasonable means and methods to capture the
animal have failed. The head of the animal, intact, shall then be
submitted to the designated laboratory, to be analyzed for rabies
infection.
SECTION FOURs
.Animal..Re~ulation Officer's Authorit¥~ Unlawful to Interfere
with Officer Performinq his Duty.
A. The Animal Regulation Officer shall have all necessary
authority to enforce this Ordinance and shall pick up, catch or procure
any animal in violation of this Ordinance; and cause such animal to be
impounded in an Animal Control Center.
B. The Animal Regulation Officer or Health Officer shall
seize and impound any animal that has attacked and bitten or injured
any person when there is no immediate evidence that the attacking
animal has a current vaccination and/or.the animal displays visible
evidence of sickness or disease.
C. The Animal Regulation Officer shall have authority to
enter upon any public or private property, except a building designated
for and used for residential purposes and other buildings within the
curtilage of the principal building, for the purpose of enforcing this
Ordinance.
D. It shall be unlawful for a person to interfere with,
hinder, molest or abuse an Animal Regulation Officer or subordinates
in the performance of his lawful duties.
E. It shall be unlawful for an owner of any animal to fail
to surronder such animal for purposes of impoundment or quarantine as
provided by this Ordinance when demand is made by the Health Officer
or Animal Regulation Officer.
F. The Animal Regulation Officer is hereby granted authority
to:
(1) Establish impounding fees, service fees, and per
diem rates for board to be paid by an owner for maintenance of animals
impounded upon resolution approved by the Board.
(2) Designate clinics'to administer rabies vaccines
upon approval of the Health Officer and County Manager.
(3) Establish reasonable rules and regulations to
govern the care and feeding of animals maintained in, or by, pet
shops, kennels, stables, used in rodeos, animal acts, and rides upon
resolution by the Board.
G. In addition to, or in lieu of, impounding any animal
found in violation of this Ordinance,. the Animal Regulation Officer,
Sheriff, and any Municipal Police Officer empowered to enforce this
Ordinance may issue to the owner of such animal a notice of violation
and a fee of ten dollars ($10.00). is to be paid to the Animal Regulation
Officer within seventy-two (72) hours.excluding Saturdays, Sundays and
legal holidays. If such fee is not paid within the prescribed time, a
warrant will be requested for prosecution for violation of this Ordinance.
SECTION FIVE:
~doption, Redemption.and Humane Disposal of Animals
A. Impounded animals not suspected of having an infectious
or contagious disease shall be. held a minimum of five (5) days for
redemption by tho owner. The Animal Regulation Officer shall attempt
· to contact the owner of. an animal impounded before its humane disposition.
Dogs, cats, or other animals not claimed within the five (5) day
period, may be adopted, sold, or disposed of in a humane manner.
(1) Animals shall be released to owners on presentation
of proof of ownership, or adopted, or sold, after vaccination, licensing
and payment of costs and fees.
(2) Female dogs or cats adopted from or sold by the
Animal Regulation Officer shall be spayed, unless the dog or cat is of
a rare breed or proof that the animal is a registered breed.
SECTION SIX=
Dogs or Animals Prohibited upon Beaches;.Runnin~ at Large;.
Specific Localesl ~emale Do~st..Chasing Vehicles; Dama~e".t~
~roperty; ~icious Do~s~ Nuisance; Abandon; Confined in
Unattended Motor Vehicle; Unlawful.
A. It shall be unlawful for the owner of an animal to
allow such animal~
(1) To be upon the beaches of Collier County, whether
fettered or unfettered, unless the. area has been designated by the
Board as one suitable for use by animals=. Except a certified seeing-
eye dog or hearing-ear dog actually.in use by the handicapped person,
or dogs used by law enforcement officers.
(2) To run at-large within any subdivision of Collier
County or be unfettered while upon any street or public thoroughfare=
except cats and dogs may be unfettered while .in rural subdivision
whereas the lot sizes are platted in excess of 2% acres.
(3) To be within any park or upon public playground in
Collier County unless the animal.is on a leash not more than six
feet in length.
(4) To enter any place where food is stored, prepared,
eerved or sold to the public or any other public building or hall;
provided however, that this Section shall not apply'to any blind or
deaf persons using seeing-eye or hearing-ear dogs, public building
used for animal shows or exhibitions,.or d~gs used by law enforcement
officers.
(5) To run at-large while in estrus.
(6) To trespass upon private or public property so as
to damage or destroy any property or thing of value or to defecate and
create a sanitary nuisance thereon.
(7) To chase, run after or Jump at vehicles or bicycles
using the public roads or right-of-ways.
(8) TO snap, growl, snarl, Jump upon, or otherwise
threaten persons lawfully using the public right-of-way.
(9) To habitually bark, whine, howl, or cause other
objectionable noise so as to disturb the peace and quiet of the neighborhood.
(10) To he abandoned and thereby relinquish control of
the animal With the purpose of setting the animal at-large.
(11) To be confined in an unattended motor vehicle
without, sufficient ventilation or under other conditions, for such
periods of'time as may endanger the health and well-being of.the
animal'due to heat, lack of water or such other circumstances as may
reasonably be expected to cause suffering, disability or death.
B. It shall be unlawful for owner to keep, harbor or
maintain any vicious dog or dog with vicious propensities in a manner
which may or does endanger the safety of persons lawfully upo~ his
premises or away from. his premises.
C. It shall be unlawful for owners to permit livestock to
run at-large or stray upon the public roads and highways or upon the
property of another without permission of the. property owners, authorized
agent or leasee.
SECTION SEVEN~
Wild Animalsf Unlawful~
A. It shall be unlawful for any person to maintain or keep
a wild animal except~
(1) Owners licensed by the State of Florida Game and
Fresh Water Fish Commission and confined to the owner.'.s premises in a
cage or enclosure.
(2) A wild animal for exhibition purposes maintained
by a licensed circus, zoo, attraction or educational institution.
SECTION EI~HT:
Psittacine Birds~
It shall be unlawful for any person having custody of
Psittacine birds~
A. ~o violate the provisions of the Public Health Service
Quarantine Regulation, .42 CRF, Section 71.164 (c) concerning Pstttacine
Birds.
B. A Psittacine bird known to be infected, or to have been
associated with a bird known to be infected, shall be quarantined
until released by the Health Officer. No bird uhall be removed from
where an infected bird is found until the quarantine is lifted.
C. When human contamination is traced to an aviary a
reasonable number of birds will be confiscated for virus examination.
D. Incriminated birds shall be killed and their bodies
immersed in two percent (2~) Cresol and burned before the feathers are
dry if the bodies are not shipped for laboratory examination. Shipment
for labor~.~ory examination shall be made in accordance with instructions
by the Health Officer.
SECTION NINe:
Complainants for allpged violation of this Ordinance shall be
communicated to the Animal Regulation Officer, Sheriff or Police
Departments· Upon receipt.of a complaint, an investigation shall be
conducted to determine if there is a violation of this Ordinance. If
it is ascertained that persons have violated the provisions of this
Ordinance, proper and lawful action will be taken to enforce this
Ordinance.
SECTION TEN:
~en~e'l:,: Fe't~ Shbp',' StabIe', and Rodeo Permits:
A. Every person who o~s or operates a kennel, pet shop,
or stable or combination thereof, oxccpt any Humane Society or non-
profit animal protection agency, shall on or before October 1st each
year pay an annual fee of =eh dollars ($10.00) to the Animal Regulation
Officer for a permit to operate. A separate permit shall be required
for each place or premise so operated.
B. The Animal Regulation Officer shall issue a permit
after receipt of this fee and determining the premises meet established
standards and regulations as established by the Board of County Com-
missioners. Permit shall be displayed in a clearly visible place
within the premise.
C. Every person or organization who sponsors or operates a
rodeo shall at least 30 days, prior to the date of the event, make
application to the Animal Rpgulation Officer for a permit to operate;
the fee for application and pe~it shall be $10.00.
SECTION ELEVEN~
Maintenance of Pet Shopsr Kennelsr Stablesf Care of
Animals and Inspections:
A. The owner or operators of a pet shop, kennel, or
stable shall properly feed and care for each animal in his custody or
control.
B. The Animal Regulation Officer shall periodically
inspect the premises of each kennel, pet shop or stable during the
establishm.~nt's business hours. Failure to comply with the established
regulations and standards shall be grounds for suspension o~ revocation
of the permit to operate.
C. The Animal Regulation Officer shall issue a "Notice of
Violation" if any kennel, pet shop, or.stable, fal'ls to comply with
the above mentioned regulations.
D. The prem~ises shall be reinspected within five (5) days
after issue of a "Notice of Violation." Failure to correct or take
positive action.to correct each discrepancy is a violation of this
Ordinance, and in addition, is grounds for revocation or suspension of
the permit by the Animal Regulation Officer.
E. Any owner or operator aggrieved by the enforcement of
this provision of the Ordinance will appeal to the Board within three
(3) days of his receipt of a "Notice of Violation."
SECTION TWELVE:
Inhumane Treatment of Animals: .Unlawful.
.A. It shall be unlawful for any person to:
(1) Cause, encourage, allow, permit or suffer any dog,
cock or other animal to participate in, or be trained to fight other
dogs or cocks or to maim, mutilate or.disfigure an animal of the same
or another species.
(2) Maim or disfigure any dog, cat, or other animal.
(3) Administer poison or ~xpose any poisonous substance
with intent that the same shall be taken and swallowed by an animal
other than the common rat or mouse.
(4} Own, possess or control any animal known to have
injured, killed or be in the habit of injuring and killing dogs or
animals belonging to others~
(5) Torment, any animal or deprive of shelter or
sufficient quantity of good and wholesome food and water.
(6) Keep any animal in an enclosure without wholesome
exercise and change of air.
(7) Abandon to die any animal that is maimed, sick,
infirmed or diseased.
(8) Beat and cause unnecessary injury and suffering to
any animal.
(9) Carry any animal upon or in any vehicle 'in a cruel
or inhumane manner.
B. The Animal Regulation .Officer shall impound any animal
found to be cruelly treated as defined by this Ordinance.
C. Whoever violates the provisions of this section shall
forfeit his right to license an animal in Collier County for not less
than one (1) year in addition Go any othe~ penalty provided by law.
Any ownership of such animal.without benefit of a license shall be
deemed an additional violation of this Ordinance.
SECTION THIRTEENs
Enforcement=
A. The Animal Regulation Officer and the Sheriff are
empowered to enforce the provisions of this Ordinance.
B. Upon resolution approved by the governing board of any
incorporated municipality within the confines of Collier County, the
police force of said municipality is empowered to enforce the provisions
of this Ordinance.
SECTION FOURTEENz
Constructi0nand Purpose~
This Ordinance is and shall be deemed to be cumulative and
supplemental, and in addition to any other act, law or ordinance of
Collier County or any municipality therein. This Ordinance is enacted
with the primary purpose of insuring the health of the human residents
and visitors of Collier County and with the secondary purpose of
insuring the health of the animal residents and visitors to Collier
County. It is to be liberally construed to effect those objectives.
SECTION FIFTEEN~
Conflict and Severence~
In the event this Ordinance conflicts with any other ordinance
of Collier County, or any municipality .therein, or other applicable
law, the more restrictive shall apply. If any Section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
Jurisdiction, such portion shall be deemed a separate, distinct and
independen~'provision and such holding shall not affect the yalidity
of the remainder of the Ordinance.
SECTION SIXTEENs
Repeal~
Collier County Ordinance 74,49 is hereby repealed.
SECTION SEVENTEEN:
Penalties~
Violation of any portion of this Ordinance shall be punished
as provided by law.
SECTION EIGHTEEN~
Effective Dates
This Ordinance shall become effective upon receipt of
notice that it is filed with the Secretary of State.
DATED: May 2, 1978
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
/#,. '..:~ ."....'..'
This ordinance filed with the
Secretary of State's office the
8th day of May, 1978 and acknow-
ledgment of that filing received
this llth day of May 1978.
Approved as to~u~-m and Legal
'- Donald.. Pickworth
Collier County Attorney
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ~s a true original of:
ORDINANCE NO. 78-16 ~
which~was adopted by the Board of County Commissioners
during Regular Session May 2, 1978.
WITNESS my hand and the official seal of the Board of
County Co~issioners of Collier County, Florida, this 2nd day
of May, 1978.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By:
VirEinia~a~ri '
Deputy Clerk
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008 60