Ordinance 76-01OP. DINANCE NO. 76-1
AN ORDINANCE REQUIRING EACH HORSE, MULE, DONKEY
AND OTHER EQUINE TO BE TESTED FOR EQUINE INFEC-
TIOUS ANEMIA (SWAMP FEVER) WITHIN THE PREVIOUS
TWELVE (].2) MONTII PERIOD AND WITHT~ SIXTY (60)
DAYS PRIOR TO BEING TRANSPORTED II~fO COLLIER
COUNTY; REQUIRING THAT EACH SUCH ANIMAL THAT
DISCLOSES A POSITIVE TEST BE QUARANTINED 1N AN
ENCLOSURE EFFECTIV%2LY SCREENED TO EXCLUDE MOS-
QUITOS AND OTHER MAJOR INSECT lECTORS; A MINI-
MUM DISTANCE OF SIX HUNDRED FEET (600') FROM
ANY OTHER EQUINE; PROVIDING DEFINITIONS; PRO-
VIDING CONSTRUCTION, CONFLICT, SEVERf~4CE AND
PEN;LLTY CLAUSES; AND PROVIDING AN EFFECTIVE.
DATE.
BE IT ORDAINED'BY THE BOARD OF COUNTY COM/4ISSIONERS
OF CO!~L!ER COUNTY, FLORIDA;
SECTION ONE:
1. Definitions:
a. "Accredited Veterinarian" - a licensed
veterinarian approved by the United States Department of
Agriculture and Consumer Services.
b. "Equine Infectious Anemia" - a disease of
horses caused by a virus spread by insects and improper use
of hypodermic instruments which may be acute, subacute,
caronic or inapparent and commonly called "Horse Fever".
c. "Horse" - a mule, donkey, burro, ass, zebra
or other equidae.
2. References:
a. This Ordinance specifically incorporates by
reference the provisions of Sections 585.15, .16, .17, .18,
· 19 and .671 of the Florida Statutes and Chapter 5C-18 of
the Rulcs of the State of Florida, Department of Agriculture
and Consumer Services, Division of Animal Industry concerning
the control of Equine Infectious Anemia.
b. Chapter ~28.05 et. seq. of thc Florida ~
Statutes regulate the care, feeding and treatment o~im~s
3. Unlawful: ' ~"
a. It shall be ~lawful for any person; ~ · ~
1) to own, control or possess, or ha~he
right to control or possess a horse within Co, er ~
County, a= defined herein above, wi~out poss~sing
a certificate by an accredited veterinarian that
the horse has been tested for Equine Infectious
Ane~a within ~e i~ediatory preceding twelve (12).
mon~ period.
2) transport or cause to be transported, a
horse to Collier County without having first obtain-
ing and having in his possession, a certificate-by
an accredited veterinarian th'at such horse has
beon tested for Equine Infectious Anemia within the
immediatory proceding sixty (60) days.
b. It shall be unlawful for any person to own,
control, possess or have the right to control or possess,
a horse within Collier County that reacts positively tO a
test for Equine Infectious Anemia by an accredited veteri-
narian without causing such horse to be quarantined in an
enclosure effectively, screened to exclude mosquitos and
other major insect vectors, a minimum of a six-hundred foo~
(600') distance from other horses as defined hereinabove or.
otherwise as provided by law.
c. It shall be unlawful for any person to deny
an Official Sheriff, 'Police, Animal Regulation or Agricul-
tural Officer of the United States, State of Florida or
Collier County or any accredited veterinarian entrance or
access to any horse'he suspects may be infected with Equine
Infectious Anemia or to refuse to allow an accredited veter-
inarian to test any horse for Equine Infectious ~em/a.
SECTION TWO:
1. Construction.
The provisions of this Ordinance are cummulative and
supplimental to Federal and State laws and Rules and other
Ordinances and Regulations of Collier County and municipali-
ties therein and shall be liberally construed to effectuate
the purpose of protecting the public welfare.
2. Conflict.
If any part of this ordinance conflicts with any
other part or with any other Law, Ordinance, Rule or Regula-
tion the more restrictive shall apply.
3 . Seve rer~ ces .
If any part of this Ordinance is for any reason held
invalid or unconstitutional on its face or as applied by any
Court of competent jurisdiction such part shall be considered
a separate part and such holding shall not affect the validity
or constitutionalism of the remaining parts or such holding
shall not affcct any other circumstance.
4. Penalty.
Violation of this Ordinance is punishable by a.fine
not to exceed $~00.00 or by confinement not to exceed sixty
(60) days, or both. Each day an offense exists shall be
considred a separate offense. Prosecution as a misdemeanor
shall not preclude other remedies available in Law and Equity.
SECTION THREE:
This ordinance shall become effective upon receipt
of Notice by the Clerk to the Board of County Commissioners
that it is filed with the Secretary of State.
DATE D:
January 13, 1976
By:
BOARD OF COUNTY COmmISSIONERS
COLLIER COUNTY, FLORIDA
RUS S lfL~-'~. WIMER -- y -
Chairman
ATTEST:
MARG.\]~ET T. SCOTT
Clerk of Circuit Court
Approved as to form and legality: