Ordinance 74-49 ORDINANCE NO. 74 ' 49
A~! 05DISTANCE PkOVIDING FOR TAGS AND LIC~'NSES
AND REQUIRING. THE VACCIHATION OF DOGS, CATS .
A~ID OTIIER ANIM3LS AGAINST RABIES; PROVIDItlG
FgR IMPOUNDStEH~'; PROVIDING FO~ ADOPTION AND
~i'~:DEMPTIOM OF ANIMALS; PROVIDING FOK RABIES'
CONTROL REGULATIMG A};ISD%LS RUNNIMG_ AT_LARGE,
CREATING NUISANCES AND REGULATING VICIOUS
AMiMALS; REGULATING WILD A~;I~%LS, REGULATING
PSITTACINE BIRDS; REGULATING KENNELS AND PET
SHOPS; PROHIBITING CRUELTY TO ANI~DILS, PRO-
VIDING FOR A COPY OF REGULATIO};S TO
PROVIDING DEFINITIONS, PENALTIES FOR VIOLA-
TIONS; PROVIDI}'G FOR APPLICABILITY, CONFLICTS
AND SEVERABILITY CLAUSES AMD AN EFFECTIVE DATE.
BE IT~ ORDAINED BY THE BOARD OF COUNTY CO}~4ISSIONERS OF COLLIER
COUNTY, FLORIDA that Chapter 5 of the Collier County Code be revised
to read as follows:
SECTION O~IE:
1. Definitions:
a. "Animal" - any living dumb creature.
b. "Animal Control Center" - a place recommended by the
Animal Control Officer and approved by the Board of County Commissioners
for the detention, care and treatment of animals in custody.
c. "Animal Regulations Officer".- the person assigned
by the County Manager to enforce this Ordinance whose qualifications
~ ~"~-~ by the H~a!th De~rtment
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, chain or otherwise.
e. "Board" - the Board of County Commissioners of Collier
County, Florida.
f. "Business" - holding oneself out, either expressly or .
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.
h. "Dangerous or Vicious Animals" - any animal of fierce
or dangerous propensities likely to cause personal injury or proz~rty
damage, exhibits ungovernable traits, or any animal that ha~t~n
one or more persons without substantial provocation on two ~r~e
occasions within a period of six (6) months. --~ ~ ---
i. "Direct Control"- the immedia~e, continuous
control of an animal at all times by such means as a fence,p
cord, or chain sufficient to restrain the same; or a special~a~
trained or hunting animal which immediately responds to. comm~s,'~
direct control shall also include oral control, if the contr~i~_
per. son is an adult at all times within unobstructed sight and
hearing of the animal.
J. "Health Officer" - the Director of the Collier County
Department or his agent.
k. "Kennel" - any place of business where dogs or cats
ate maintained for sale, breeding, boarding, treatment or grooming
purposes.
1. "Owner" - any person with the right or duty to control
or owning, 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 llumane Society or Animal Protection Agency; except
a natural person owning dogs and cats for one hundred twenty (120) days or
more'that 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 b{rds commonly known
as parrots, amazons, mexican doubleheads, parakeets., African grays,
cockatoos, macaws, lovebirds, loris,' lorikects and other of the psittacine
family.
o. "Rabies Control Worker" - the person appointed by the Director
of the Collier County Health Department to administer Florida and Collier
County laws, ordinances, rules and regulations relating to rabies control.
p. "Torture, Torment or Cruelty" - includes any act, omissions
or negligence causing or allowing to continue %~necessary or unjustifiable
pain or suffering when there is remedy or relief reasonably available.
q. "Wild Animal" - any n~n-domesticated species, such as a fox,
skunk, raccoon, bobcat, monkey, etc., either native to Florida or imported~
2. Ta~s and Vaccination Certificate Required; Unlawful.
It shall be unlawful for ~ny person or owner to keep, harbor or maintain
within Collier County any dog or cat in excess of four (4) months of age
unless:
a. the dog or cat has been issued a current serially numbered
vaccination certificate;'signed by a veterinarian licensed by the State
of Florida, identifying the animal, certifying the dog or cat has be.~a
vaccinated against rabies, and the certificate's expiration date, and
b. the dog or.cat has a metal color coded tag indicating the
year the dog or cat was vaccinated, bearing the vaccination serial nun~er,
affixed to a collar or harness on the animal.
NOTES:
1. The certifying v~terinarian shall forward the original of
each vaccination certificate to the Animal Regulation Officer,
retain a copy and issue a copy to the owner or person in control
of the dog or cat with the serially numbered color coded tag.
2. Vaccination is not required if a licensed veterinarian
certifies that vaccination would endanger the animals' health
because of age, infirmity, debility, illness, or other medical
consideration is presented to the Animal Regulation Officer
within seven (7) days after the examination. However, the animal
shall be issued a temporary tag, as provided in this Ordinance,
and shall be vaccinated and re-tagged as soon as its health
permits.
.:
c. The Animal Regulation Officer, on recommendation of the
Co,:nty Veterinaria~. is authcL'~zcd to require other sp..'ctes of animals
to be vaccinated to prevent ~,nd control any disease which may be a
threat to the public or other animals.
d. It shall be unlawful for a person to interfere with,
hinder, molest or abuse an Animal Regulation Officer in the per-
formance of his official duties.
3. Rabies Control, Priority, Reporting, Impoundmentr Wild
or Exotic Animals~ Destruction of Rabid or Suspect~d'"~b"Id Animals.
a. a~%y person having knowledge of an animal biting,
scratching or otherwise wounding a person by contact with the teeth
of the animal shall immediately report the facts to the County
lIealth Department including; 1) the victim's name, approximate age
and address, 2) the animal owner's nalm~, address, 3) the animal's
description and ~resent lo~ation, 4} names and description of other
persons and animals involved.
b. a person bitten by an animal which cannot be located
shall consult with a physician of his choice for advice and treatment.
c. a dog or cat known to have bitten a human or suspected of
having rabies shall be captured, alive, if reasonably.possible, and
quarantined for ten (10) days of clinical observation in an Animal
Regulation Center.
1) if authorized by the Health Officer,. the owner
shall for the ten (10) days isolate and confine the animal by leash or
enclosure or the owner may elect to confine the animal in a licensed
kennel or veterinary hospital at t~e owner's expense.
2) the Health Department will take posscsslon of each
wild animal involved in a suspected rabies or bite case, except
vaccinated animals confined in a licensed attraction, zoo, circus
or educational institution, ahd obtain a laboratory examination.
3). No animal may be removed from quarantine without
written authorization of the Health Officer or his designee.
If any animal dies during quarantine 'a laboratory analysis
must be made.
d. the Animal Regulation Officer shall give first priority
to requests of the Collier County Health Department to invest[gate
cases involving rabies or suspicion of rabies.
e. all unvaccinated dogs, cats, and other pets bitten by
a known rabid animal shall be immediately destroyed. If the animal
has been vaccinated against rabies with an authorized vaccine within
one (1) year the domesticated animal shall be re-vaccinated and restrained
on a leash or confined for a minimum of ninety (90) days.
f. anyone keeping wild or exotic animals, such as, foxes,
skunks, raccoons, bobcats, ocelots, monkeys, etc. shall have them
vaccinated with'an inactivated rabies vaccine.
4. Impoundment Authority; Unlawful to Interfere with Officer
Performin~ his 6ut¥.
a. The Animal Regulation Officer shall have all necessary
au~hority to enforce this Ordinance and shall pick up, catch, or procure
any animal in violation of this Ordinance; roaming at large; astray;
infected with rabies or other contagious or infectious disease, or
believed to be so infected; and c~use such animal to be impounded in
an Animal Regulation Center.
b. The Animal Regulation'Officer shall impound any untagged
dog, =at or pet animal except one confined eT securely fenced, or under
direct control, or participating in an organized match, show, trial,
obedience training, or actively engaged in huntinq.
c. If tho Animal Regulation Officer is refused entrance to
property to enforce this Ordinance, the officer shall proceed on the
,~;ner's premises with the assistance of a police bfficer, or Sheriff, or
his Deputy, with legal warrant or other document of authority as
necessary to enter the premises.to enforce this Ordinance.
d. 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. Fees shall be reasonable and subject to
approval by' the Board of County Com~.issioners. i'ees shall be
paid into the General County Fund before an animal is released.
Fees for subsequent violation may be at an increasing rate.
2) Designate clinics to administer rabies vaccines, at
rcascnab!e cost, aft'er approval by the Board of County Ccw~issioners.
3) Establish reasonable rules and regulations to
govern the care and feeding of animals maintained in or by
and Dot shops after approval in a public hearing by the Board .
of County Commissioners.
e. In addition to, or in lieu of, impounding a dog
or cat found in violation of this Ordinance, the Animal Regulation
Officer, any member of the Collier County Sheriff's Department, and
any municipal law enforcement officer may issued to the known owner
of ~u~h dog or c~t a ~ot~co of v~olat~on and a penolty of Ten Dollars
($10.00) is to bo paid to the Animal Regulation Officer within
seventy-two (72) hours. If such penalty is not paid within seventy-
two (72) hours a warrant shall be obtained. A penalty of twenty-five
($25.00) shall be paid for the second and each subsequent violation.
5. Adoption and Redemption 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 the owner. 'The Animal Regulation Officer shall attempt
to contact the owner of an animal impounded and wearing a tag before
.its humane disposition· Dogs or cats not claimed may be adopted or
disposed of in a humane mann'er.
1) Animals shall be released for adoption or
~o owners on presentation of proof of ownership and after
inoculation, licensing and payment of costs and fees.
2) Animals adopted from, or sold by the Animal
Regulation Center shall first be spayed or neutered unless
a rare breed, pedigreed, or an animal the County Veterinarian
determines should not have such operation performed.
6. Do~s or animals prohibited upon beaches; runntn~ at large~
specific locales; female dogs; chaSin~ V~hicles; damage to property;
ViciOus'.do~; 6,,lawful.
It shall be unlawful for the owner, possessor, person in Control
or person with the right or duty to control a dog=
a. To permit, allow or suffer such dog to be;
1) Upon a beach of the unincorporated area of
Collier County, whether leashed or ~nleashed, within three
hundred (300) feet of a dwelling unit, residence, apartment,
..~otel, or b,ao.h area used for recreational
2) Except a certified seeing-eye dog actually in use
then and there by a person legally blind, or a dog trained and
then in use for police work under the supervision or control
of a city, county, state or federal police officer·
b. To permit, allow or suffer a dog;
County.
1) To run at large within any subdivision of Collier
2) To run at 3.arge in any park, or to enter upon
'any beach in this county or upon any public playground; provided
however, that this subsection b. shall not prohibit a person
from walking or exerci%ing a dog in a public park or on a public
street when ~uch dog is on a leash or otherwise under the immediate
control of its owner and proper safeguards are taken to protect the
public and property from injury and damage from said dog.
c. To permit any dog to enter any place where food is stored,
prepared, served or sold to the public or any other public building or
hnll; provided however, that this section shall not apply to any blind
person using a trained seeing-eye dog, at veterinary offices or hospitals
or to animal shows or exhibitions.
d. 'To permit any female dog to run at large while in heat.
e. To permit any dog to trespass on private or public
property so as to damage or destroy.any property or thing of value,
or to create a sanitary nuisance thereon.
f. To permit any dog to chase, run after or Jump at
vehicles using the public roads.
g. To permit any d6g to habitually snap, growl, snarl,
jump upon, and otherwise threaten persons lawfully using the
public rights-of-way.
h. To keep, harbor or maintain any vicious dog or dog
with vicious propensitie~ in a manner which may or does endanger
the safety of persons or property off his premises or lawfully on
his premises.
NOTE:
Violation of subsections (d) (e) (f) (g) or (h) shall
be grounds for the animal to be permanently confined
or humanely destroyed.
7. Wild Animals, Unlawful.
It shall be unlawful for any person to maintain or keep a wild
animal within Collier County except:
a. One on an owner's premises properly confined prior
to the enactment of this Ordinance.
b. A wild animal for exhibition purposes maintained by a
licensed circus, zoo, attraction or educational institution.
8. Psittacine Birds.
It shall be un~awful for any having person having custody of
Psittacino birds~
a. to violate the provisions of the Public }~ealth Service
Quarantine Regulation, 42 CRF, Section 71.164(e) conce~ning Psittacine
Birds.
b. to not notify the Collier County Health Department
im.~ediately regarding any unusual illness or death of such birds.
NOTES:
1) A Psittactne bird known to be infected, or to have
been associated with a bird known to be infected, shall
be quarantined until released by the Collier County
Health Department. No bird shall be removed from where
an infected bird is found until the quarantine is lifted.
2} ~hen 'human contamination is traced to an aviary
a reasonable number of birds will be confiscated for
virus examination.
3) 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 laboratory examin-
ation shall be made in accordance with instructions by
the Director of the Collier County Health Department~
9." Complaint.
If two (2) or more persons residing in separate dwellings sign
an "Affidavit of Complaint" under oath before a public notary setting
forth the nature and the date of an act alleged to be in violation of
this Ordinance, the name and address of the owner and a description
of the animal alleged in violation; the Animal Regulation Officer
shall investigate the complaint to determine if the act complained
of violated this Ordinance.
10. Kennel and Pet Shop Permit.
a. Every person who owns or operates a kennel, pet shop
or combination kennel and pet shop, except any ~umane Society or
Non-Profit Animal Protection Agency, shall on or before October 1st
each year pay an annual fee of Ten Dollars ($10.00) to the Animal
Regulation Officer for a permit as a condition precedent to obtaining
an occupational license. A.separate permit and license shall be
required for each place or premise so operated.
b. The Animal Regulation Officer shall issue a permit
certificate after receipt of this fee and determining the premises
meets established inspection standards. Such pe, mit and license
shall be displayed in a place clearly visible to all business
invitees.
11. Maintenance of Pet Shops and Kennels{ Care of Animals
and InsPections. '
a. The owner or operators of a Pet Shop or Kennel shall
properly feed and care for each animal in his custody or control.
b. The Animal Regulation Offi~r'~hall ~riodic'aily £~peCt
the premises of each kennel or pet shop during the establishment's
business hours. Failure to comply with the regulations and standards
established in accordance with Section 4.d.3) heretnabove shall be
grounds for suspension or revocation of the pet shop. or kennel permit.
c. The Animal Regulation Officer shall issue a "Notice of
Violation" if any kennel or pet shop fails ko comply with the
above-mentioned regulations.
d. Tho premises shall be roinspected within three (3) 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.
e. Any owner or operator aggrieved by the operation of this
Ordinance shall appeal to the Board of County Commissioners Within
ten (10) days of his receipt of a "Notice of Violation".
12...Cruelty to Animals.
a. Any society or association for the prevention of cruelty to
animals organized under the Laws of the State of Florida may appoint
agents for the purpose of prosecuting any person alleged to have
committed any act of cruelty to an animal within Collier County.
13. Inhumane Treatment of Animals; Unlawful
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 other dags or cocks
or to maim, mutilate or disfigure an animal of the same or another species.
NOTE:
It is a violation of Florida Statutes Chapter
828 to maim, Or disfigure any dog, cat or other
animal; administer poison or expose any poisonous
substance with intent that the same shall be
taken and swallowed by an animal, or to own possess
or control any animal known to have injured,
killed or to be in the habit or injuring and
killing dogs and animals belonging to others, or
to torment, deprive of shelter, or to unnecessarily
bea~, or carry in or upon any vehicle any animal
in a cruel or inhuman manner; or to impound or
confine any animal in .a place, and fail to supply
during such confinement a sufficient quantity of
good and wholesome food and water, or to keep any
animal in an enclosure without wholesome exercise
and change of air, or to abandon to die any animal
that is maimed, sick, infirmed or diseased.
b. The Animal Regulation Officer shall impound any animal
found to be cruelly treated as defined by Chapter 828 of the Florida
Statutes.
c. Whoever violates the provisions of this Section shall
forfeit his right to licensm an animal in Collie? County for not less
than one (1) year in addition to any other penalty provided by law.
Any ownershi~ of such animal without benefit of a license shall be
deemed an additional violation of this Ordinance.
14. Copy of Regulation to Owners.
Upon payment for and receipt of an animal permit tag a person may
purchase a copy of the rules and regulations applicable to animals
within Collier County.
15.' Penalties for Violation of Ordinance.
A person in violatkon of any.~rovision of this Ordinance shall
be guilty of a misdemeanor and punished by a fine of not more than
Five l%undr6d Dollars ($500.00) and/or imprisoned in the County Jail
for not more than sixty (60) days or both such fine and imprisonmen~
in ad,lition to the forfeiture provided by P~ragraph 13c hereinabove.
Each day or fraction thereof a violation continues shall be considered
a separate offense.
16 .' .Am~_~. i c ab i 1 i tY.
This Ordinance shall not apply to registered greyhound .racing
dogs and greyhound kennels regulated by Chapter .7E-2 of the Florida
Administrative Code.
17. ~utY to Enforce.
It shall be tho duty of the Animal Regulation~ Police and Sheriff
'Department Officers to strictly enforce the provisions of this Ordinance.
SECTION TWO:
1. Construction.
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 shall
b~) deemed an exercise of the police powers of the County and shall
be liberally construed in order to effectively carry out its purposes
of protecting the public health, safety and welfare.
2. Conflict.
In the event this 6rdinance conflicts with any othe~ Ordinan6e
of Co~l~r County nr any municipality therein or other applicable
law, the moro restrictive shall apply. If any part of this Ordinance
conflicts with any other part, it shall be severed and the 'remainder
shall h~ve full force and effect.
3. Severance.
If any secti0~, subsection, sentence, clause, phrase or portion
6f 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 independent provision and such holding shall
not affect the validity of the remaining portion thereof.
SECTION THREE:
1. Effective Date.
This Ordinance shall become effective upon receipt of notice
that it is filed with the Secretary of State.
Dated: De~ember 10, 1~74
ATTEST:
MARGARET T. SCOTT
C~of~/'Circuit ~urt
.... '~1 ~ ~
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUN'Y, FLORIDA
By:
Thomas P.
as to form and legality:
David W. merson Brunet
.Collier County Attorney