Agenda 04/23/2013 Item #11A4/23/2013 11.A.
EXECUTIVE SUMMARY
Recommendation to authorize the advertisement of an ordinance for future consideration which
would amend Ordinance No. 76 -48, as amended, to permit dogs on leashes within designated county
parks.
Obiective: To provide residents with recreational opportunities that includes the addition of dogs within
the County Parks system.
Considerations: The Board of County Commissioners directed staff at the March 12, 2013 meeting to
bring back an ordinance allowing for dogs within the County Parks system.
The Parks and Recreation Advisory Board at their March 22, 2013 meeting supported the concept of dogs
within the parks. Attached is a copy of the proposed amending ordinance which gives an additional
exemption to dogs on leashes within non - restricted areas of County parks. The Ordinance provides in
relevant part:
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 non - restricted 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
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.
The language prepared by the County Attorney's Office had been as follows:
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 does to non - restricted areas provided that the
dogs are 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.
In addition, staff recommends a phased -in approach towards providing non - restrictive settings for dogs in
parks in order to best ascertain costs associated with this policy change. Initially, dogs would be allowed
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4/23/2013 1 1.A.
at North Collier Regional Park, East Naples Community Park, Vineyards Community Park, Veteran's
Community Park, Golden Gate Community Park, Immokalee Airport Park and all neighborhood and
linear parks under the provisions of this amended ordinance. Sugden Park will also be pursued with this
initial phase once permissions with Florida Communities Trust (FCT) are obtained, as required by a
board - approved land management plan between the County and FCT. Future parks would be considered
after this initial phased approach.
Currently there are dog parks planned at Manatee Community Park in East Naples and Big Corkscrew
Island Regional Park. Both of these parks are part of the Parks and Recreation Master Plan, which was
approved by the Board of County Commissioners on September 13, 2011 (Item l0A). Staff would like to
recommend studying the outcome of allowing dogs on leashes in existing parks prior to analysis of
seeking new off -leash dog parks in existing facilities.
Legal Consideration: The proposed Ordinance has been reviewed by the County Attorney's Office, is
legally sufficient and requires a majority vote for approval. Although the proposed ordinance is legally
sufficient, the County Attorney recommends the language that this Office prepared, which was based on
long-standing ordinances from other Florida counties. -JAK
Fiscal Impact: It is estimated that costs associated with signage and accessories to manage dogs being in
these respective parks is $10,000. Adequate funds for these costs are available in existing Park's
operating budgets.
Growth Management: Parks identified are inventoried in the regional and community parks as part of
the AUIR.
Recommendation: That the Board authorize the advertisement of an ordinance for future consideration
which would amend Ordinance No. 76-48, as amended, to permit dogs on leashes within County parks.
Prepared By: Barry Williams, Director, Parks and Recreation
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4/23/2013 11.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.A.
Item Summary: Recommendation to authorize the advertisement of an ordinance for
future consideration which would amend Ordinance No. 76 -48, as amended, to permit dogs on
leashes within designated county parks. (Barry Williams, Parks and Recreation Director)
Meeting Date: 4/23/2013
Prepared By
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
4/3/2013 10:01:30 AM
Submitted by
Title: Director - Parks & Recreation,Parks & Recreation
Name: WilliamsBarry
4/3/2013 10:01:32 AM
Approved By
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
Date: 4/5/2013 4:36:53 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 4/8/2013 11:08:31 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 4/9/2013 3:44:24 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 4/10/2013 1:09:53 PM
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Name: KlatzkowJeff
Title: County Attorney
Date: 4/11/2013 8:52:27 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/15/2013 4:51:12 PM
Name: OchsLeo
Title: County Manager
Date: 4/17/2013 9:40:02 AM
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4/23/2013 11.A.
4/23/2013 11.A.
ORDINANCE NO. 2013-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
76 -48, AS AMENDED, TO PERMIT DOGS WITHIN COUNTY PARRS
WITH LIMITATIONS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
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
Text underlined is added: text stmek- throug, is deleted.
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4/23/2013 11.A
desianated as such. Anv person violating this section shall be guilty of an infraction which shall
be punishable by a fine of not less than fiftv 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 day of , 2613.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
M
. Deputy Clerk
Approved as to form
and legal sufficiency:
Emily R. Pepin I L 0
Assistant County Attorney
Georgia A. Hiller, Esq., Chairwoman
1)
Text underlined is added. text stfuek 04euEh is deleted.
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