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Ordinance 2013-35 1 II 28 __�nA r gy 1�►V ORDINANCE NO. 2013-3 5 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCEi;NO. 76-48, AS AMENDED, TO PERMIT DOGS WITHIN COUNTY Pi-R S I WITH LIMITATIONS; PROVIDING FOR CONFLICT :AND= t SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODk9F .• '�'G' C� LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECT ` •° DATE. WHEREAS, on October 26, 1976, the Board of County Commissioners adopted Ordinance 76-48, which established that no person shall cause or permit a dog or other domestic animal to enter onto Collier County park property; and WHEREAS, on January 23, 1990, the Board of County Commissioners amended Ordinance 76-48, as amended, to provide for an exemption to permit domestic animals within County park boundaries for County approved recreational special events, park ranger patrol, seeing-eye dogs for handicapped park patrons and law enforcement duties; and WHEREAS, it is in the best interest of the citizens of Collier County, Florida, to further amend Ordinance 76-48, as amended, to permit dogs on leashes within non-restricted areas of County parks. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDING SECTION THREE OF ORDINANCE NO. 76-48, AS AMENDED Section Three, subparagraph (2)(B) of Ordinance No. 76-48, as amended, is hereby amended to read as follows: An exemption to Section Three (1)(N) is hereby declared and established to permit domestic animals within County Park boundaries for County approved recreational special events, (e.g., petting zoo, dog shows, etc.), park ranger patrol, seeing-eye dogs for handicapped park patrons and law enforcement duties. In addition, dog owners may take their dogs to nonrestricted areas provided that the dogs are in the immediate control of the owner at all times on an adequate leash not greater than six feet in length. The owner or person in charge or in control of the domestic animal shall remove all feces deposited by the animal and dispose of same in a sanitary manner. Dogs shall remain excluded from any place where food or drinks are served, except within automobile parking areas and walks. No dog shall be allowed in or at bathing or swimming areas or in any body of water within a park area. No dog shall be permitted in a playground, preserve trail, athletic field, rest room, or other parks areas as posted. The Parks and Recreation Director has the right to prohibit animals from any park area. These areas shall be 1 Text underlined is added;text struek-through is deleted. designated as such. Any person violating this section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense. SECTION THREE: CONFLICT AND SEVERABILITY In the event that 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 this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: 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 this 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 FIVE: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this Lf±h day of k VI C{ `I , 2013. ATTEST: ,,,)• r!.01 BOARD OF COUNTY COMMISSIONERS DWIGHT t. BROCK,CLERK COLLIER Cfa TY FLO'IDA By: 1-AV It >•t�Il By: Attest as to Cha an s D, ut ri Georgia • Firer, Esq., Chairwoman signature only, Approved as to form and legal sufficiency: This ordinance filed with the Secretory of St te's Office he ....day of .., , 2Di Emily R. Ppiln otI 13 and Acknowledge ent that I filing oceived this day Assistant County Attorney of t-A*' 203 • 2 f Iork Text underlined is added;text struck ough is deleted. 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 2013-35 which was adopted by the Board of County Commissioners on the 14th day of May, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of May, 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board' oif t, . County Commissioners `4 nd./(3-9LAA:* ‘. By: Martha Verg'r� � Deputy Clerk' :'