Agenda 05/13/2013 Item #17H5/14/2013 17.H.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending 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 (5-0
vote).
On April 23, 2013, the Board authorized the advertisement of the amending Ordinance which was duly
advertised on May 1, 2013, in a newspaper of general circulation.
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 gM 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.
Staff recommends that once the ordinance is amended, the restricted areas begin to allow dogs on July 1,
2013. This will give staff an adequate period of time to market the parks where dogs are allowed as well
as ordering necessary supplies for encouraging dog owners to pick up after their pets. Parks staff will
work with the Communication and Customer Relations Department to market the parks that allow dogs.
Staff will educate the public about parks where dogs are allowed through local press, flyers in parks, the
Department's recreation guide, and Collier Television.
Legal Consideration: This item has been reviewed by the County Attorney's Office, is legally sufficient
and requires a majority vote for approval. - ERP
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5/14/2013 17.H.
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 adopts an ordinance amending Ordinance No. 76-48, as amended, to
permit dogs on leashes within County parks.
Prepared By: Barry Williams, Director, Parks and Recreation
Attachment: Ordinance
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5/14/2013 17.H.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.H.
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 76 -48,
as amended, to permit dogs on leashes within designated county parks.
Meeting Date: 5/14/2013
Prepared By
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
5/1/2013 3:53:39 PM
Submitted by
Title: Director - Parks & Recreation,Parks & Recreation
Name: WilliamsBarry
5/1/2013 3:53:40 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 5/1/2013 4:44:11 PM
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
Date: 5/1/2013 4:45:28 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 5/1/2013 5:03:32 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 5/2/2013 2:13:01 PM
.-� Name: KlatzkowJeff
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Title: County Attorney
Date: 5 /2/2013 3:18:43 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/2/2013 3:34:13 PM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 5:07:44 PM
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5/14/2013 17.H.
5/14/2013 17.H.
ORDINANCE NO. 2013-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
7648, AS AMENDED, TO PERMIT BOGS WITHIN COUNTY PARKS
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 7648, 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. 7648, 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
served except within automobile parking areas and walks. No doge shall be allowed in or at
bathing or swimming areas or in My body of water within apark 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 My park area. These areas shall be
1
Text underline is added; text ,s�Fuek dwough is deleted.
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5/14/2013 17.H.
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 filly dollars per violation with each day or _partial day of
violation counting as a separate offense.
SEC'T'ION 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
i
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 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Georgia A. Hiller, Esq., Chairwoman
Approved as to form
and legal ;sufficiency:
i
1
Emily R. Pepin L� lot 1
Assistant County Attorney
2
Text underlined is added, text sbsk OwetVh is deleted.
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5/14/2013 17.H.
28D'& Wednesday, May 1, 2013 '* NAPLES DAILY NEWS
E NOTICE TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 14, 2013, in the Boardroom,.3rd Floor,
Administration Budding, Collier County Government Center, 3299 East Tamiami
Trail, Naples Florida, the Board of County Commissioners will consider the
enactment ;W a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 76-48, AS
PROVIDING FOR CONFLICT AND SEVVE HRABNILITY; PROVIDINGK FOR INCLUSION N THE
CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
�t Individual speakers .will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda,
packets must submit said material a minimum of "3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will .need` a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony. and
evidence upon which the appeal is,based.
If you are a person with a disability who needs any.accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East. Suite #101, Building W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER,' E50r CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL) No 198780fi
May 1 701
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