Agenda 12/11/2012 Item #11G12/11/2012 Item 11.G.
EXECUTIVE SUMMARY
Recommendation to approve proposed changes that would repeal and replace the Animal Control
Ordinance (Ordinance No. 200 8-51, as amended) and direct the County Manager or his designee to
advertise ordinance changes to be approved by the Board at a future meeting.
Obiective: To insure the health of the residents and visitors of the County, with the secondary
purpose of insuring the health of the animals in the County; and to support the mission of animal
services, as established by the Board of County Commissioners: To ensure compliance with local
and State animal- related laws; to return strays to their owners and promote the adoption of
homeless animals to new families; and to work toward ending the community problem of pet
overpopulation.
Considerations: At its November 8, 2011 meeting, the Board of County Commissioners heard a
public petition from Colleen MacAlister (6B) and a regular agenda item presented by staff (l 0E),
both concerning enforcement of the Animal Control Ordinance. The Board directed that the
Domestic Animal Services Advisory Board create a subcommittee to formulate proposed
changes to the Animal Control Ordinance and bring back its findings.
Two major areas of concern, based on public input, were the need for 1) additional regulation
with respect to cat and dog breeding and 2) a prescriptive system for the issuance of penalties
and consequences for non - compliance with the same.
At is March 27, 2012 meeting; the Board of County Commissioner approved conceptual changes
to the Animal Control Ordinance in three major areas:
1. Strengthening the existing provisions within the Animal Control Ordinance that allow for
permitting and inspections of certain animal- related businesses and expanding the same
to include cat and dog breeders.
2. Introducing language that would result in consistency in the issuance of penalties, allow
some persons cited to take a responsible pet ownership class, and establish a process for
advancing uncollected civil citations to County Court.
3. Revising provisions in the Dangerous Dog section to more strictly align with State
Statute.
Subsequent to BCC approval of these conceptual changes, the Ordinance Revision
Subcommittee, and then the complete Domestic Animal Services Advisory Board, met
frequently throughout the spring, summer, and fall to formulate and then publicly vet changes to
the Animal Control Ordinance.
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12/11/2012 Item 11.G.
The culmination of fourteen Ordinance Revision Subcommittee meetings and three advisory
board meetings at which ordinance changes were discussed was the advisory board's n
recommendation to the BCC at its October 4, 2012 meeting that ordinance revisions as
formulated to that date be approved by the BCC.
Subsequent to that meeting, staff prepared an executive summary aid ordinance revision
documents for the upper management and the Board's consideration. As part of the routine
review process this item was reviewed by the County Attorney's Office. Upon review of the
advisory board- recommended ordinance revisions, the County Attorney j found some proposed
changes to be potentially legally indefensible.
The County Attorney then prepared further revisions, retaining all advisory board changes that
did not present a conflict. This final version of ordinance revisions was presented to the advisory
board at its December 3, 2012 meeting. At that meeting, the Domestic Annual Services Advisory
Board voted 4 -2 to recommend to the Board of County Commissionws that it approve the
version of the ordinance as recommended by them at their October 4, 2612 meeting, and that it
not reflect further changes recommended by staff and the County Attorney.
The advisory board approved of the ordinance and the staff's recommended version are largely
the same. The notable differences between the two versions of the ordinance are as follows:
• The advisory board - recommended version redefines animal "cruelty," "neglect," and
"abuse," and defines neglect as failure to meet standards of care. The staff - recommended
version redefines animal "cruelty," "neglect," and "abuse;" to mirror that of F.S. 828. n
• A forthcoming standards of care ordinance is proposed in the advisory board -
recommended version to apply to all animal owners. The stafforecommended version
applies these standards to businesses, organizations, and breeders required to be
permitted by Animal Services.
• The advisory board - recommended version removes Animal Cootrol Officer discretion
and mandates that a penalty be issued each time a violation is witnessed or verified. The
staff - recommended version maintains officer discretion, and also includes a
recommended penalty schedule to encourage consistency in the issuance of penalties.
Of particular importance to advisory board members is the issue of advancing uncollected
citations to county court; they believe this should be a mandatory process. Under Section Eleven,
paragraph 4, subparagraph N. within the proposed Ordinance, the advisory board recommends
that it read "The County shall institute proceedings in the court of competent jurisdiction to
compel payment of any unpaid civil penalty." The advisory board believes that it is important to
use the word "shall" to ensure that prosecution of citations is pursued aggressively and
consistently in all cases.
Like the advisory board, staff is earnestly committed to pursuing uncollected citations in County
court as a means of fully enforcing the Animal Control Ordinance. To do so with greatest
efficiency as well as effectiveness, staff does not recommend using they word "shall ..." but
rather that the language read "The County may ..." as presented. Coin lsory advancement of
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n all citations is unadvisable, as it would force staff to bring forward all cases to court, even if the
new process turns out to be unfruitful. Discretion is needed to avoid incurring court costs without
winning fine revenues if the courts show a pattern of not ruling favorably on these cases.
For consistency and clarity, staff recommends repealing and replacing Ordinance 2008 -51, as
amended, due to the extensive revisions and additions.
Fiscal Impact: The proposed changes to the ordinance are expected to increase workload for
staff. The level of impact is not yet fully known, but staff proposes that the changes be
implemented using existing resources. Concomitantly, operating revenues are expected to
increase through the increased issuance of citations; improved collection of fines, and fees from
the proposed pet ownership classes.
At its December 3, 2012 meeting, the advisory board voted 5 -1 to recommend to the BCC that
DAS be given special consideration when it comes to budget cuts, in light of the fact that the
department's responsibilities involve the care of living beings.
Growth Manaeement Impact: No Growth Management Impact is associated with this action.
Legal Considerations: This item has been reviewed by the County Attorney, is legally
sufficient and requires a majority vote for approval. — JAK
Staff Recommendation: That the Board of County Commissioners approves staff -
recommended proposed changes that would repeal and replace the Animal Control Ordinance
(Ordinance No. 2008 -51, as amended) and directs the County Manager or his designee to
advertise ordinance changes to be approved by the Board at a future meeting.
Prepared by: Amanda Townsend, Director, Domestic Animal Services
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12/11/2012 Item 11.G.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.G.
Item Summary: Recommendation to approve proposed changes that would repeal and
replace the Animal Control Ordinance (Ordinance No. 2008 -51, as amended) and direct the
County Manager or his designee to advertise ordinance changes to be approved by the Board at
a future meeting.
Meeting Date: 12/11/2012
Prepared By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
12/3/2012 9:00:32 AM
Approved By
Name: TownsendAmanda
Title: Director - Domestic Animal Services,Domestic Anima
Date: 12/3/2012 9:44:17 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 12/3/2012 9:53:11 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 12/5/2012 12:00:26 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/5/2012 1:06:47 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 12/5/2012 2:33:50 PM
Name: OchsLeo
Title: County Manager
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Date: 12/5/2012 3:59:22 PM
n
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12/11/2012 Item 11.G.
12/11/2012 Item 11.G.
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO ANIMAL CONTROL,
PROVIDING FOR TITLE, PROVIDING FOR CONSTRUCTION AND
PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
AUTHORITY OF DIRECTOR, INTERFERENCE WITH OFFICER IN
PERFORMANCE OF DUTY; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR COMPLAINTS; PROVIDING FOR RABIES
CONTROL; PROVIDING FOR LICENSE CERTIFICATE, TAGS,
VACCINATION REQUIRED; PROVIDING FOR GENERAL
VIOLATIONS; PROVIDING FOR INHUMANE TREATMENT OF
ANIMALS; PROVIDING FOR DANGEROUS DOGS, DEFINITIONS AND
PROCEDURES; PROVIDING FOR STANDARDS OF CARE;
PROVIDING FOR PENALTIES; PROVIDING FOR DISPOSITION OF
IMPOUNDED ANIMALS; PROVIDING FOR WILD ANIMALS;
PROVIDING FOR PSITTACINE BIRDS; PROVIDING FOR FERAL
CATS; PROVIDING FOR REPEAL OF ORDINANCE 2008 -51, AS
AMENDED; PROVIDING FOR ADOPTION OF STATE STATUTES BY
REFERENCE, BOARD INTENT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, at its November 9, 2011 meeting, the Board of County Commissioners
directed Domestic Animal Services staff to work through the Domestic Animal Services
Advisory Board to formulate amendments to the Animal Control Ordinance that would address
community concerns regarding enforcement of animal control laws; and
WHEREAS, at its March 27, 2012 meeting, the Board of County Commissioners
approved conceptual changes to the Animal Control Ordinance that included strengthening
provisions in the Ordinance that provide for permitting of certain animal- related entities,
introducing language that would provide for consistency in the issuance of penalties and
consequences for nonpayment of same, and revisions to the dangerous dog section to more
strictly align with the state statutes; and
WHEREAS, Chapter 828, Florida Statutes, specifically regulates animal cruelty in the
state of Florida and has authorized local governments to enact ordinances relating to animal
control or cruelty, provided it does not conflict with Chapter 828; and
WHEREAS, Chapter 767, Florida Statutes, regulates dangerous dog cases in the state of
Florida, and authorizes local governments to enact local procedures for declaring a dog
dangerous and regulating such dangerous dogs, provided it does not conflict with Chapter 767;
and
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12/11/2012 Item 11.G.
WHEREAS, the Board of County Commissioners finds it in the best interest of the
citizens of Collier County to repeal and replace Ordinance 2008 -51, as amended, in order to
strengthen the enforcement of the Ordinance and to ensure that the County's Ordinance does not
conflict with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title.
This Ordinance shall be known and may be cited as the "Collier County Animal Control
Ordinance."
SECTION TWO: Adoption by Reference, Construction and Purpose.
The Board adopts by reference as part of this chapter, all laws of the State of Florida
relating to animal control, animal welfare, and animal cruelty. It is the intent of the Board that
this chapter shall supplement the provisions of state law, including required procedures, and that
in the event of any conflict between the terms of this chapter and state law, state law shall
control. This Ordinance is enacted with the primary purpose of insuring the health of the human
residents and visitors of the county and with the secondary purpose of insuring the health of the
n animals in the county. This Ordinance is to be liberally construed to affect those objectives.
The Ordinance is established to support the mission of animal services, as established by
the Board of County Commissioners: To ensure compliance with local and State animal- related
laws; to return strays to their owners and promote the adoption of homeless animals to new
families; and to work toward ending the community problem of pet overpopulation.
SECTION THREE: Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Aggressive animal means any animal of fierce or dangerous propensities likely to cause
physical injury or property damage or that exhibits traits of ungovernableness.
Animal means every living dumb creature.
Animal - related business means any for - profit person or business required to hold a
business tax receipt that renders services to, for or by any domestic animal, excepting
commercial agricultural operations and the offices or practices of State - certified and licensed
n veterinarians. Examples of animal - related businesses include, but are not limited to, boarding
0)
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facilities, doggie day cares, groomers, pet shops, petting zoos, pony rides, stables, and training
facilities.
Animal - related organization means any not - for - profit entity that maintains premises for
the purpose of rendering services to, for or by any domestic animal. Examples of animal- related
organizations include, but are not limited to, rescues that maintain premises as a central location
for their activities, sanctuaries, and animal shelters.
Animal cruelty, torture or torment shall be held to include every act, omission, or neglect
whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the
interest of medical science, or otherwise permitted under Florida Law.
Animal services means the Collier County Domestic Animal Services Department.
Animal services center means any place approved as such by the Board of County
Commissioners for the detention, care and/or treatment of animals in custody.
At -large means off the premises of the owner and not under the direct control of the
owner or other competent person, on a suitable leash of dependable strength sufficient to restrain
the animal.
Commercial Breeder means any person or business required to hold a business tax receipt
that breeds one (1) or more domestic cat(s) or dog(s) or offers one (1) or more domestic cat(s) or
dog(s) for breeding or stud purposes, producing seven (7) or more litters per year, or offers the
kittens and puppies that are the result of such breeding for sale. Commercial breeders are subject
to agricultural zoning requirements of the Land Development Code.
County veterinarian means a veterinarian, duly licensed by the state, appointed by the
Director to be a consultant to the county health department and to the Director.
Dangerous dog means any dog that according to the records of Animal services:
A. Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a
human being on public or private property;
B. Has more than once severely injured or killed a domestic animal while off the
owner's property; or
C. Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack,
provided that such actions are attested to in a sworn statement by one or more persons
and dutifully investigated by Animal services.
Direct control means the immediate, continuous physical control of an animal at all times
by such means as a fence, tether, or suitable leash of dependable strength sufficient to restrain the
animal; or specially trained hunting animals engaged in legal hunting, or animals engaged in
shows or organized obedience training programs where the animals respond to commands.
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Director of animal services means the director of the Collier County Domestic Animal
'~ Services Department, or his or her designee.
Earnotched means a "v" has been cut from the tip of the left ear of a cat.
Eartipped means the tip of the left ear of a cat has been cut in a straight line.
Feral cat means a cat that is free roaming and exists in a wild or untamed state.
Feral cat caregiver means any person who provides food, water, or shelter, or otherwise
cares for (a) feral cat(s).
Feral cat colony means a group of cats that congregates, more or less, as a unit. Nonferal
cats that congregate with a feral cat colony shall be deemed a part of it.
Health officer means the director of the County health department, or his designee.
Livestock means all animals of equine, bovine, or swine class, including sheep, goats and
other grazing animals.
Microchip means an animal microchip implant that is an identifying circuit placed under
the skin of a dog, cat, or other animal. The chips are about the size of a large grain of rice.
n Non - Commercial Breeder means any person or business required to hold a business tax
receipt that breeds one (1) or more domestic cat(s) or dog(s) or offers one (1) or more domestic
cat(s) or dog(s) for breeding or stud purposes, producing one (1) to six (6) litters per year, or
offers the kittens and puppies that are the result of such breeding for sale. Non - commercial
breeders are subject to the home occupational license requirements of the Land Development
Code.
Owner means any person having a right of property in an animal, or any person with the
right or duty to control an animal, or any person then physically controlling, possessing,
harboring or keeping an animal.
Premises means the principle place of operation for all animal- related businesses, animal-
related organizations, commercial and non - commercial breeders, and rodeos, specifically where
animals are housed on a day -to -day basis.
Psittacine birds means all birds commonly known as parrots, Amazons, Mexican
doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds, loris, lorikeets, and other
birds of the Psittacine family.
Research or testing means any use of any animal in any vivisection, including
demonstration or practice surgery, medical or biomedical research, medical experimentation,
medical or nonmedical education, or to test any medication, radiation, toxicity, element,
chemical or chemical compound, or to study the effects of any consumer product on humans or
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animals, or for use in biological production or other substantially similar research or testing for
scientific, medical, biomedical, educational, or veterinary purpose, by any individual, school,
college, university, hospital, laboratory, or any other institution or entity of any description,
public or private. Such uses of an animal that does not expose any animal to any incision or
puncture, to torture, torment, or cruelty, to any immediate or future damage or impairment, or to
unusual stress, is not research or testing as defined herein.
Rodeo means any event or show involving the use of equines, and/or bovines for the
exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging, where a fee is
charged to witness the event.
Standard of Care refers to a set of rules and regulations governing the care and feeding of
animals maintained in or by animal- related businesses, animal- related organizations, commercial
breeders, non - commercial breeders, and rodeos, as adopted by the Board of County
Commissioners.
Tether means to restrain a dog by tying the dog to any object or structure, including
without limitation a house, tree, fence, post, garage, or shed, by any means, including without
limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash to
walk a dog.
Trap- neuter - return means the practice of humanely trapping feral cats; ensuring they are
spayed or neutered, vaccinated, and eamotched or eartipped; and returning them to their feral cat
colonies.
Trap - neuter- return program means the practice of trap- neuter -return and other best
management practices intended to diminish the population of feral cats within the community.
Vaccination means administering to any animal, pursuant to a certificate of vaccination
issued by a licensed state veterinarian, an anti - rabies vaccine approved by the state department of
health and rehabilitative services.
Wild animal means any living non - domesticated species defined as wildlife by the
wildlife code of the state fish and wildlife conservation commission.
SECTION FOUR: Authority of Director; Interference with Officer in Performance of
Duty.
1. The director of animal services (hereinafter "Director ") shall have all necessary
authority to enforce this Ordinance, and pick up, catch or procure any animal in violation of this
Ordinance, and have such animal impounded within the animal services center or other
designated place.
2. The Director shall have authority to enter upon any public or private property,
except a building designated for and actually used for residential purposes and other buildings
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within the curtilage of the principal residential building, for the purpose of enforcing this
Ordinance.
3. It shall be unlawful for a person to interfere with, hinder, molest or abuse the
Director, the health officer, or any of their subordinates in the performance of their lawful duties
under this Ordinance or under Florida law.
4. It shall be unlawful for any owner of any animal to refuse to surrender such
animal for impoundment or quarantine as provided by this Ordinance when demand for
surrender of the animal is made by the health officer, Director, or other enforcement officer.
5. The Director or the Sheriff of Collier County, or their respective designees, shall
have the authority to destroy any free roaming untagged dog or cat when other reasonable means
and methods to capture are tried but failed, or when a diligent search has been made to establish
ownership has failed, and it has been ascertained by citizen complaint or investigation that the
animal has aggressive tendencies and poses a threat of injury to persons or other animals, or has
caused bodily injury to a person or has physically injured or killed livestock.
6. An animal control officer may free any animal left unattended in a motor vehicle
if the animal appears to be in imminent danger or distress. The animal control officer shall first
attempt to locate the owner. If unable to do so in a reasonable time, with due consideration given
as to the peril to the animal, the animal control officer shall free the animal in a manner which is
calculated to cause the least damage to the vehicle as necessary to safely remove the animal.
Once freed, the animal is to be brought to an animal services center and the owner promptly
notified.
n SECTION FIVE: Enforcement.
1. By animal control enforcement officer and sheriff. The Director, any animal
control enforcement. officer, or officer of the sheriffs office, is empowered to enforce this
Ordinance.
2. By municipal police. Upon resolution approved by the governing board of any
incorporated municipality within the confines of the county, the police force of any such
municipality is empowered to enforce the provisions of this Ordinance within that municipal
corporation.
3. By agents, employees of animal services department.
A. Designation. The Director is hereby authorized to designate agents or
employees of the county department of animal services as animal control enforcement officers. It
shall be the responsibility of the Director to determine the training and qualifications of any
employee or agent so designated, subject to minimum requirements specified in F.S. § 828.27.
B. Authorization. It shall be the duty of any person designated as an animal
control enforcement officer to enforce this Ordinance and subsequent amendments hereto
relating to animal control.
C. Authorized to issue penalties. Any person designated as an animal control
enforcement officer is hereby authorized to issue penalties as outlined in Section Thirteen for
violations of this Ordinance and subsequent amendments hereto. The form of penalty issued -may
be determined at the discretion of the animal control officer or officer of the sheriff's office, but
shall be commensurate with the severity of the infraction and any history of violation of the
recipient.
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D. Limitation of powers. Nothing herein contained shall be construed to
authorize or permit any person designated as an animal control enforcement officer pursuant to
this section, to perform any function or duties of a law enforcement officer other than specified
herein. No such officer shall make physical arrests or take any person into custody. All such
officers shall be exempt from the requirements relating to the state high- hazard retirement
program and police standards and training commission as defined or referred to by F.S. § 122.34
and F.S. ch. 943.
SECTION SIX: Complaints.
1. Complaints for alleged violation of this Ordinance shall be communicated to the
Director, sheriff s office or police department. Upon receipt of a complaint, an investigation shall
be conducted to determine if there is any violation of this Ordinance. If it is ascertained that any
provision of this Ordinance is being violated, proper and lawful action will be taken to enforce
this Ordinance.
2. Upon receipt of more than one "affidavit of complaint" for any violation of this
Ordinance, each prepared and signed independently by a resident of a separate dwelling in the
vicinity of the violation, and acknowledged under oath before an individual authorized by law to
take acknowledgements, setting forth the complained of acts, an enforcement officer shall
investigate the facts to determine if the acts complained of are a violation, and, if satisfied that a
violation has occurred, may issue a penalty for the violation, including, subject to F.S. § 828.27,
and conditions of this Ordinance, a mandatory court appearance or appearance before the special
magistrate.
3. Intentional falsification of information on an "affidavit of complaint" shall be a
violation of this Ordinance, and punishable as provided in Section Thirteen.
SECTION SEVEN: Rabies Control.
1. The Director shall give first priority to requests of the health officer to investigate
cases involving rabies or the suspicion of rabies.
2. Any person having knowledge of an animal biting, scratching or otherwise
wounding a person by contact shall immediately report the facts to the County health department
or to the department of animal services, including:
A. The victim's name, approximate age and address;
B. The animal owner's name and address;
C. The animal's description and location; and
D. Names and description of other persons and animals involved.
3. An animal known to have bitten or scratched a human or an animal suspected of
having rabies shall, if possible, be captured or taken into custody by the Director, police, sheriffs
office, or health officer.
A. Unvaccinated dogs and cats will be impounded and quarantined for ten
days of clinical observation in the animal services center or at a local veterinarian clinic
authorized by the health officer or Director. Impoundment and boarding fees will be paid by the
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owner of the animal. Other animals will be impounded and quarantined by direction of the health
officer or Director.
B. Dogs or cats that have a current vaccination may be confined under
quarantine by fence or suitable enclosure on the premises of the owner, or at some other location
approved by the health officer or the Director.
C. Earnotched or eartipped feral cats will be impounded and quarantined for
ten days of clinical observation in the animal services center if possible. If the cat cannot be
trapped for impoundment, it will be observed daily by its feral cat caregiver. Feral cats that are
not earnotched or eartipped will be deemed to be unvaccinated.
4. Wild animals that are susceptible of carrying rabies, that are being held in
captivity, or possessed as pets by private persons who are properly licensed, but which animals
have not been vaccinated with a proven anti- rabies vaccine that has been developed for that
specified species of animal and which vaccine is recognized as an effective vaccine by the health
officer, or for which no known rabies incubation period has been established by research
recognized by the health officer, which animal has either bitten a human being or which animal
is suspected of having rabies, shall be impounded and quarantined by the Director upon the
recommendation of the health officer. The animal will be held in quarantine for a specified
period of time as directed by the health officer.
A. A wild animal may be euthanized at the discretion of the health officer for
the purpose of laboratory analysis to determine if the animal is rabid when the health and /or
welfare of the person bitten by that animal is in jeopardy.
B. The decision whether to euthanize the animal will be based upon history
of possible exposure of the animal to rabies.
10—N 5. Any animal possessed in a licensed attraction, zoo, circus, or educational
institution, and that is known to have bitten a human being, shall be isolated and subjected to a
quarantine period at a location as directed by the health officer or Director. In determining the
quarantine and location, the decision will be made on the history of the animal's possible
exposure to rabies.
6. No animal may be removed from the place of quarantine without the prior written
authorization of the health officer or Director, or his or her designee. If any animal dies during
quarantine, the person holding the animal in quarantine shall immediately notify the health
officer or Director, and shall immediately surrender the body of the animal without altering the
body in any manner.
7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is
bitten by a known rabid animal shall be immediately destroyed. If it is an owned animal,
however, the owner may elect to have the animal confined and quarantined at the animal services
center, or at another location approved by the health officer or Director, for a period of up to six
months. All costs of the detention of the animal will be at the expense of the owner.
8. The Director, sheriff or municipal police officer shall have authority to kill an
animal in order to procure an animal that is susceptible of carrying rabies and that is known to
have bitten a human being or is suspected of having rabies, provided that all other reasonable
means and methods under the circumstances to capture the animal have failed. The head of the
animal, intact, shall then be submitted to a designated laboratory to be analyzed for rabies
infection.
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SECTION EIGHT: License Certificate; Tags, Vaccination Required.
1. Any owner of a dog or cat shall obtain a County license for each such animal
when the animal is four months old or older.
A. The license will be issued for a period of one year and is required to be
renewed annually thereafter and must remain current at all times.
B. The record corresponding to the license shall contain the name of the
owner, address, breed, sex and color of each animal, or other descriptive data.
C. A tag designating the license number shall be issued.
D. The tag shall be affixed to the animal's collar or harness at all times,
except when the animal is confined, securely fenced or participating in an organized match,
show, trial, or obedience training.
E. The license issued under this section shall not be transferable from animal
to animal or from owner to owner.
F. Each license and tag must be obtained from persons designated by the
Director. License forms provided by the Director for the registration and licensing of dogs and
cats shall be completed and be submitted to the Director.
G. Veterinarians are authorized to sell dog licenses and cat licenses and are
authorized to charge a surcharge for this service. The amount of the authorized surcharge is
established and revised by resolutions adopted by the Board of County Commissioners. Forms
and license tags will be furnished by the County to the veterinarian.
2. Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for
rabies when the animal is four months old or older. The owner of every dog, cat, and ferret shall
have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval ^
between vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall
provide proof of vaccination upon demand of the health officer or his designee or any other
person authorized to enforce this Ordinance. Animal services may deny issuance of a license to
any animal without a current rabies vaccination. No vaccination is required if a licensed
veterinarian certifies in writing that the vaccination would endanger the animal's health.
3. Cats belonging to feral cat colonies that are registered with an agency contracted
with Collier County to manage a trap- neuter -return program shall be exempt from the
requirement to license.
4. Animal- related organizations in good standing with animal services and rescue
organizations qualified to adopt animals from animal services that are housing cats and dogs in
foster or sanctuary type settings as an alternative to humane euthanasia may acquire a blanket
license for all cats and dogs housed.
5. License fees are established and revised by resolutions of the Board of County
Commissioners. A portion of each non - neutered /non - spayed animal license fee will be deposited
in the County neuter /spay trust fund for the purpose of funding the County's neuter /spay
program. The amount to be deposited is established and revised by resolutions adopted by the
Board of County Commissioners.
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SECTION NINE: General Violations.
1. It shall be unlawful for the owner of an animal to allow or permit his or her
animal:
A. To be upon the beaches of the county, whether fettered or unfettered,
unless the area has been designated by the board as suitable for use by such animals, except a
certified seeing -eye or hearing -ear dog actually in use by handicapped person, or animals used
by law enforcement officers or county ordinance enforcement personnel.
B. To run at large in or upon any public street, road, sidewalk, other public
place, or upon private property without the expressed or implied consent, subject to zoning, of
the owner or any lessee of such private property.
C. To be within any park or upon public school grounds or public playground
in the county, whether fettered or unfettered, except where the landowning or managing agency
has established a clearly designated area for such use.
D. To enter any building where food is stored, prepared, served or sold to the
public, or any other public building or hall; provided, however, that this provision shall not apply
to any blind or deaf persons using seeing -eye or hearing -ear dogs, to public buildings used for
animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer or
code enforcement officer.
E. To trespass upon private or public property so as to damage or destroy any
property or thing of value, or to defecate and create a sanitary nuisance thereon, including
defecating upon roadways, road rights -of -way, sidewalks, or other property so as to create a
sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not immediately
removed and properly disposed.
F. To chase, run after, or jump at vehicles or bicycles using any road or road
right -of -way.
G. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully
using any road right -of -way.
H. To bark, whine, howl, or cause other objectionable noise, which is
offensive and of such a continuous duration of time so as to create a nuisance.
I. To be abandoned and thereby relinquish control of an animal with the
intent or purpose of setting the animal at large.
J. To be confined in an unattended motor vehicle without sufficient
ventilation or under other conditions for such periods of time as may endanger the health and/or
physical well -being of the animal due to heat, lack of potable water, or such other circumstances
as may reasonably cause suffering, disability, or death to the animal.
K. No person shall transport or carry any dog or other animal in a motor
vehicle unless the animal is safely enclosed within the vehicle. If a person is transporting or
carrying an animal in an unenclosed or partially enclosed vehicle including, but not limited to,
convertibles, pick -up and flat -bed trucks, the person shall confine the animal in a container, case,
or other device that is of proper and adequate size to prevent the animal from falling from or
jumping from the motor vehicle.
2. It shall be unlawful for any owner to permit, allow or suffer any livestock to run
at large or stray upon any roads and highways, or upon the property of another without
permission of the property owners or their authorized agent or lessee, subject to zoning.
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3. It shall be unlawful to keep any female dog or cat in heat (estrus) which is not
confined to a building or secure enclosure, veterinary hospital, or boarding kennel and in such a
manner that the female dog or cat can come in contact with any male dog or cat except for
intentional breeding with a specific male dog.
SECTION TEN: Inhumane Treatment of Animals.
1. It shall be unlawful for any person to:
A. Fight or bait animals as set forth in §828.122, Florida Statutes, commonly
known as "The Animal Fighting Act."
B. Maim or disfigure any dog, cat, or other animal.
C. Administer poison or expose any poisonous substance with reason to
know that the same may kill an animal other than the common rat or mouse.
D. Confine animals without sufficient food, water, or exercise, or abandons to
die any animal that is maimed, sick, infirm, or diseased, as prohibited in §828.13, Florida
Statutes.
E. Commit an act of animal cruelty in violation of §828.12, Florida Statutes.
F. Beat and cause unnecessary injury and suffering to any animal.
G. Work an animal in a sick, diseased or injured condition.
H. Fail to properly remove and dispose of animal feces from all animal
enclosures and water.
I. To keep horses, cattle, or other livestock in a manner inconsistent with
recognized livestock husbandry practices.
2. Any enclosure used as a primary means of confinement for a dog must meet the
definition of proper enclosure as stated in Section Eleven of this Ordinance. It shall be unlawful
for a responsible party to tether a dog while outdoors, except when all of the following
conditions are met. This section shall not apply to the transportation of dogs:
A. The dog is in visual range of the responsible party, and the responsible
party is located outside with the dog.
B. The tether is connected to the dog by a buckle -type collar or a body
harness made of nylon or leather, not less than one inch in width.
C. The tether has the following properties: It is at least five times the length
of the dog's body, as measured from the tip of the nose to the base of the tail; it terminates at
both ends with a swivel; it does not weigh more than '/8 of the dog's weight; and it is free of
tangles.
D. The dog is tethered in such a manner as to prevent injury, strangulation, or
entanglement.
E. The dog is not outside during a period of extreme weather, including
without limitation extreme heat or near- freezing temperatures, thunderstorms, tornadoes, tropical
storms, or hurricanes.
F. The dog has access to water, shelter, and dry ground.
G. The dog is at least six months of age. Dogs under six (6) month of age
shall not be tethered.
H. The dog is not sick or injured.
I. Pulley, running line, or trolley systems are at least 15 feet in length and are
less than 7 feet above the ground.
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J. If there are multiple dogs, each dog is tethered separately.
3 Any enclosure used as the primary confinement of cats shall provide the
following conditions:
A. Cats must be provided access to a receptacle containing sufficient clean
litter for excreta and body wastes.
B. Cats must be provided solid resting surface(s) that are large enough to
hold all cats comfortably.
4. The Director shall impound or make the subject of an order to provide care any
animal found to be cruelly treated as defined in this Ordinance or under Florida Law, as outlined
in §828.073, Florida Statutes.
5. Whoever violates any provision of this section shall forfeit his right to license an
animal in the County for one year in addition to any other penalty provided by this Ordinance or
otherwise by law. Any ownership of such animal without benefit of a license shall be deemed an
additional violation of this Ordinance.
SECTION ELEVEN: Dangerous Dogs; Definitions and Procedures.
1. Definitions.
A. Dangerous dog means any dog that according to the records of the
appropriate authority:
(1) Has aggressively bitten, attacked, or endangered or has inflicted severe
injury on a human being on public or private property;
(2) Has more than once severely injured or killed a domestic animal while off
the owner's property;
(3) Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of
attack, provided that such actions are attested to in a sworn statement by one or
more persons and dutifully investigated by the appropriate authority.
B. Unprovoked means that the victim who has been conducting himself or
herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a
dog.
C. Severe injury means any physical injury that results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
D. Investigation is conducted by animal services. Animal services must
interview the dog's owner when possible and may require a sworn affidavit from any person
desiring to have a dog classified as dangerous.
E. Proper enclosure means that, while on the owner's property, the dog can
be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to
prevent the entry of young children and designed to prevent the animal from escaping. Such a
pen or structure shall be structurally sound, made of materials impervious to moisture, have
secure sides and a secure top to prevent the dog from escaping over, under, or through the
structure, and shall also provide protection from injury and the elements. The square footage of a
proper enclosure used as a primary means of confinement for a dog must be equal to or greater
than the length of the animal from the tip of the nose to the base of the tail, doubled, then
squared, and divided by 144. For example, a dog measuring 30 inches from the tip of the nose to
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the base of the tail will require a 25- square -foot enclosure (30 X 2 = 60; 60 x 60 = 3,600;
3,600/144 = 25). The height of the enclosure shall be equal to or greater than the length of the
animal from the tip of the nose to the base of the tail multiplied by 1.5.
2. Procedure.
A. The Director shall investigate reported incidents involving any dog that
may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from
any person, including any animal control officer or enforcement officer, desiring to have a dog
classified as dangerous. Any animal that is the subject of a dangerous dog investigation, and is
not impounded with animal services, shall be humanely and safely confined by the owner in a
securely fenced or enclosed area pending the outcome of the investigation and resolution of any
hearings related to the dangerous dog classification. The address of where the animal resides
shall be provided to animal services. No dog that is the subject of a dangerous dog investigation
may be relocated or ownership transferred pending the outcome of an investigation or any
hearings related to the determination of a dangerous dog classification. In the event that a dog is
to be destroyed, the dog shall not be relocated or ownership transferred.
B. Animal services may impound any dog under investigation if the owner is
unable or unwilling to securely confine the dog during the investigation. Upon written notice
from animal services, the owner must allow access to the dog for the purposes of impoundment.
If the dog is impounded during this time, the owner is responsible for all costs related to
impoundment unless the owner ultimately prevails and the dog is not declared dangerous.
C. A dog shall not be declared dangerous if the threat, injury, or damage was
sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the
property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No
dog may be declared dangerous if the dog was protecting or defending a human being within the
immediate vicinity of the dog from an unjustified attack or assault.
D. If the Director, or his or her designee, makes an initial determination that a
dog is dangerous, based on the initial investigation, the County shall provide written notification
of that determination to the owner of the dog. Notice shall be by certified mail, by certified hand
delivery, by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida Statute. The
Director's initial determination shall automatically become final unless the dog's owner, within
seven calendar days after receipt of the notice, files a written request for a hearing to challenge
the Director's initial determination. The written request must be submitted to animal services. If
the dog's owner files a timely written request for a challenge hearing, the effective date of the
determination shall be the date of the final decision of the Special Magistrate.
E. Any owner of a dog that is initially declared dangerous by the Director
may appeal that decision to the Code Enforcement Special Magistrate. This hearing shall be held
as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of
request from the owner. The hearing may only be continued by agreement of both parties.
F. If the Special Magistrate's determination is to uphold the dangerous dog
classification, animal services shall provide written notification to the owner as required above.
The dog owner may file a written request for a hearing in county court to appeal the
classification within ten (10) business days after receiving notice. This request for hearing must
be filed with the county court, and a copy provided to animal services within the time provided.
Any such appeal shall not be a hearing de novo, but shall be limited to appellate review of the
record created before the Special Magistrate.
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3. Registration of dangerous dog and fees.
A. Registration of dangerous dog. Not later than 14 calendar days after the
final effective date, as specified above, that the dog is determined to be a dangerous dog, the
dog's owner must file a complete written standard form application with animal services to be
issued a certificate of registration for the dangerous dog. The application/administration fee for
each certificate shall be $300.00 annually. A complete application for the initial certificate of
registration shall include: (i) the filing fee and late fees, if any; (ii) a color photograph of dog and
a signed acknowledgement form that the dog will be identified by name and address on the
Collier County Animal Services website; (iii) a receipt or other written proof that the dog has
been permanently identified (via tattoo or microchip); (iv) a current certificate of vaccination for
the dog; and (v) a receipt or other written proof that the dog has been spayed or neutered by a
licensed veterinarian. If there is a medical or other reason that the dog cannot be spayed or
neutered, the owner will provide the reason in writing signed by a Collier County licensed
veterinarian.
B. Within ten days of receipt of a complete application, animal services will
make a site visit to ensure provision of a proper enclosure, and posting of the premises with a
clearly visible warning sign at all entry points that informs both children and adults of the
presence of a dangerous dog on the property. Animal services will provide the required signs.
Upon completion of a successful site visit, animal services will issue the requested initial
certificate. The duration of each certificate is 365 days. There shall be a late fee of $10.00 per
day, for each day that the certificate is not issued.
C. Annual renewal of certificate of registration. A standard renewal
application must be filed annually at least ten calendar days prior to the date that the respective
certificate is to expire. A complete application for a renewal certificate shall include the $300.00
renewal /administrative fee, a then current color photograph of each dangerous dog sign posted at
the premises where the dangerous dog resides, and a current certificate of vaccination.
D. Failure to re- register. There shall be a late fee of $10.00 for each day that a
complete renewal application is not filed. Animal services may impound any dog whose owner
has: (i) filed to re -apply for registration 30 days past the expiration of the certification; or (ii)
failed to successfully complete re- registration 45 days past the expiration of the certification.
Upon written notice from animal services, the owner must allow access to the dog for the
purposes of impoundment. The owner is responsible for all costs related to impoundment.
Failure to successfully re- register the dog after 30 days of impoundment will result in forfeiture
of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane
manner, at the expense of the owner.
4. Subsequent handling of dangerous dogs.
A. The owner shall immediately notify animal services when a dog that has
been classified as dangerous:
(1) Is loose or unconfined;
(2) Has bitten a human being or attacked another animal; and/or
(3) Is sold, given away, or dies.
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Prior to a dangerous dog being sold or given away, the owner shall provide the name,
address, and telephone number of the new owner to animal services. The new owner must ^
comply with all the requirements of this Ordinance. The owner is required to notify the
appropriate animal services authority if the dog is moved out of jurisdiction.
B. It is unlawful for the owner of a dangerous dog to permit the dog to be
outside a proper enclosure unless the dog is muzzled and restrained by a suitable leash of
dependable strength and under the control of a competent person. Unless prohibited by the dog's
physical make -up, as in brachycephalic breeds, the muzzle must be of a cage -style that will not
interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it from
biting a person or animal The owner may exercise the dog in a securely fenced or enclosed area
that does not have a top, without a muzzle or a leash, if the dog remains within his or her sight
and only members of the immediate household or person 18 years of age or older are allowed in
the enclosure when the dog is present. When being transported, such dogs must be safely and
securely restrained within a vehicle.
C. Hunting dogs are exempt from the provisions of this act when engaged in
any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such
as obedience trials, conformation shows, field trials, hunting /retrieving trials, and herding trials
are exempt from the provisions of this act when engaged in any legal procedures. However, such
dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have
been classified as dangerous shall not be used for hunting purposes.
D. This section does not apply to dogs used by law enforcement officials for
law enforcement work.
5. Attack or bite by dangerous dog. ^
A. If a dog that has previously been declared dangerous attacks or bites a
person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the
first degree, punishable as provided in F.S. ch. 775, and subject to imposition of a fine not to
exceed $500.00. In addition, the dangerous dog shall be immediately confiscated by animal
services, placed in quarantine, if necessary, for the proper length of time, or impounded and held
for ten business days after the owner is given proper written notification, and thereafter
destroyed in an expeditious and humane manner. This ten -day time period shall allow the owner
to request a hearing as outlined above in this section. The owner shall be responsible for payment
of all boarding costs and other fees as may be required to humanely and safely keep the animal
during any appeal procedure.
B. If a dog that has not been declared dangerous attacks and causes severe
injury to or death of any human, the dog shall be immediately confiscated by animal services,
placed in quarantine, if necessary, for the proper length of time or held for ten business days after
the owner is given proper written notification, and thereafter destroyed in an expeditious and
humane manner. This ten -day time period shall allow the owner to request a hearing under this
Ordinance, above. The owner shall be responsible for payment of all boarding costs and other
fees as may be required to humanely and safely keep the animal during any appeal procedure. In
addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet
demonstrated a reckless disregard for such propensities under the circumstances, the owner of
the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. ch. 775,
and subject to imposition of a fine not to exceed $500.00.
^
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C. If a dog that has previously been declared dangerous attacks and causes
'� severe injury to or death of any human, the owner is guilty of a felony of the third degree,
punishable as provided in F.S. ch. 775. In addition, the dog shall be immediately confiscated by
animal services, placed in quarantine, if necessary, for the proper length of time or held for ten
business days after the owner is given proper written notification, and thereafter destroyed in an
expeditious and humane manner. This ten day time period shall allow the owner to request a
hearing under this section. The owner shall be responsible for payment of all boarding costs and
other fees as may be required to humanely and safely keep the animal during any appeal
procedure.
D. If the owner files a written appeal under this section, the dog must be held
and may not be destroyed while the appeal is pending.
E. If a dog attacks or bites a person who is engaged in or attempting to
engage in a criminal activity at the time of the attack, the owner is not guilty of any crime
specified under this section.
6. Violations.
A. Failure to comply with any provision of this section may result in a fine
not to exceed $500.00 and impoundment of the subject dog. Upon written notice from animal
services, the owner must allow access to the dog for the purposes of impoundment. The owner is
responsible for all costs related to impoundment.
B. Failure to cure any violation of this section within 30 days of
impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal
services may dispose of such an impounded dog, in a humane manner at the expense of the
n owner.
C. Upon second occurrence of a violation of this section, failure to cure
within ten days of impoundment of the subject dog will result in forfeiture of ownership of the
dog. Animal services may dispose of such an impounded dog, in a humane manner at the
expense of the owner.
SECTION TWELVE: Standards of Care.
1. The following provisions are limited to animal - related businesses, animal- related
organizations, commercial breeders, non - commercial breeders, and rodeos.
2. The Director is hereby granted authority to recommend Standards of Care for
animal- related businesses, animal- related organizations, commercial breeders, non - commercial
breeders, and rodeos for approval by the Board of County Commissioners. Standards of Care
shall be approved by ordinance of the Board and then codified in the Collier County
Administrative Code. As set forth below, a violation of an approved Standard of Care shall be
deemed to be a violation of this Ordinance.
3. The owner or operator of any animal- related business, animal- related
organization, commercial breeder, non - commercial breeder, or rodeo shall properly feed and care
for each animal in their custody or control and otherwise meet all relevant Standards of Care.
4. The Director shall inspect the premises of any animal- related business and any
animal- related organization on an annual basis. The Director shall inspect the premises of any
rodeo prior to or within twenty -four (24) hours of the commencement of that event. The
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Director will inspect the premises of any breeder on a quarterly basis. Routine inspections of
businesses, or organizations, or breeders located in a premises used primarily as a residence will
be noticed a minimum of twenty -four (24) hours in advance. No duty to notify exists should
animal services receive a complaint alleging a violation of this Ordinance.
5. Refusal to allow the Director to inspect any premises, animal, or records
associated with any animal- related business, organization or rodeo, or any breeding operation,
shall constitute a violation of this Ordinance.
6. Should the inspection reveal a violation of this Ordinance or the relevant
Standards of Care, a Notice to Comply will be issued. The Notice to Comply shall specify the
violation and shall contain a time period not to exceed 15 days to enable the violator to come into
compliance. The premises shall be re- inspected promptly following the time period specified by
the Notice to Comply. Failure to correct the violation shall result in the issuance of a citation.
7. Every person who owns or operates an animal- related business or animal- related
organization shall obtain a permit from the Director. A fee will be charged for the permit. Permit
fees shall be established and revised by resolutions of the Board of County Commissioners. The
Director shall issue an animal- related business or organization permit after receipt of this fee and
inspection of the business or organization premises if he determines that the premises meet all
established standards and regulations. The permit shall be displayed within the licensed premises
at a place where it is clearly visible to the public. An animal- related business or organization
permit is valid for one (1) calendar year and must be renewed annually. Renewal applications
must be made thirty (30) days prior to expiration of the permit. Permits are not transferable or
refundable.
8. Every person or organization who sponsors or operates a rodeo shall, at least
thirty (30) days prior to the date of the event, make application to the Director for a permit to
operate. The fee for such application and permit shall be established and revised by resolutions
of the Board of County Commissioners. The Director shall issue a rodeo permit after receipt of
this fee and inspection of the event premises if he determines that the event will meet the
established Standards of Care. That permit shall be displayed at the event at a place where it is
clearly visible to the public.
9. Commercial and non - commercial breeders must obtain the applicable breeder
permit from the Director. A fee will be charged for the permit. Permit fees shall be established
and revised by resolutions of the Board of County Commissioners. The Director shall issue the
applicable breeder permit after receipt of this fee and inspection of the breeder's premises if he
determines that the breeder meets the established Standards of Care. A breeder permit is valid for
one (1) calendar year and must be renewed annually. Renewal applications must be made thirty
(30) days prior to expiration of the permit. Permits are not transferable or refundable. Failure to
obtain a permit prior to operating as a breeder shall constitute a violation of this Ordinance.
10. The Director shall have the authority to deny, suspend or revoke a permit, as
issued under this Section. The Director shall notify the permit holder of the denial, suspension,
or revocation of the permit in writing. Any person who has been denied a permit or whose
permit has been revoked or suspended may appeal this action in a court of competent jurisdiction
within thirty calendar days from the date of notice.
11. Animal- related organizations in good standing with animal services as
contemplated herein and rescue organizations qualified to adopt animals from animal services
that are housing cats and dogs in foster or sanctuary settings as an alternative to humane
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euthanasia may acquire a blanket license for all cats and dogs housed when registering the
animals housed on the premises.
SECTION THIRTEEN: Penalties.
1. For any violation or alleged violation of this Ordinance, the Director, deputy
sheriff, municipal police officer, or other enforcement officer empowered to enforce this
Ordinance, may issue to the owner of (or to the person in custody of) the animal a written
warning statement.
2. For an initial violation of Section Eight; Section Ten, Subsection 2; Section
Eleven and Section Twelve of this Ordinance, the Director, deputy sheriff, municipal police
officer, or other enforcement officer empowered to enforce this Ordinance, may issue to the
owner of (or to the person in custody of) the animal a Notice to Comply under which the
recipient must come into compliance within fifteen days of receipt. Failure to comply may result
in issuance of a citation.
3. For any violation of Section Nine of this Ordinance, the Director, deputy sheriff,
municipal police officer, or other enforcement officer empowered to enforce this Ordinance, may
issue to the owner of (or to the person in custody of) such animal a notice of violation, A fine of
$25.00 is to be paid to animal services within 72 hours, excluding Saturdays, Sundays and legal
holidays. If the notice of violation fine is not paid within the prescribed time, a citation may be
issued.
4. A violation of this Ordinance is a civil infraction as provided in F.S. § 828.27. For
n any violation of this Ordinance, the Director, deputy sheriff, municipal police officer, or other
enforcement officer empowered to enforce this Ordinance, may issue to the owner of (or to the
person in custody of) such animal a citation.
A. A citation issued by an animal control enforcement officer under the
provisions of this section shall be in a form prescribed by the board. Such citation shall contain
all known information required by F.S. § 828.27, including the date and time of issuance of the
citation; name and address of the person in violation; the date of the violation; description of the
animal involved; the section or sections of this Ordinance, or subsequent amendments, violated;
the facts constituting probable cause; name and authority of the citing enforcement officer; also
the procedure for the person to follow in order to pay the civil penalty, to contest the citation, or
to appear before the special magistrate when a mandatory appearance is required as specified in
the citation or when scheduled by the code enforcement department, in which case there is no
option but to appear before the special magistrate; the applicable civil penalty if the person elects
not to contest the citation and the applicable civil penalty if the person elects to contest the
citation; also a conspicuous statement of the effect of failure to promptly pay the fine or appear
before the special magistrate or in court. Subject to the limitations now or hereafter specified in
F.S. § 828.27, a mandatory special magistrate or court appearance may be required by the issuing
officer. Mandatory appearances before a special magistrate may also be ordered by the special
magistrate as specified in this section, or as otherwise within the special magistrate's authority.
B. Upon conviction of any civil infraction, the violator shall be punished by a
fine not to exceed $500.00 in the discretion of the court or special magistrate, as applicable. Each
day of the violation or noncompliance as to each animal shall be considered as a separate and
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distinct offense. In addition, any person convicted under any provisions of this Ordinance shall
pay all costs and expenses involved in the case.
C. Each violator shall be required to pay an administrative surcharge of
$5.00, plus a $2.00 surcharge to pay the costs of the 40 -hour minimum standards training course
for animal control enforcement officers for each cited violation.
D. Each person or entity that commits one or more civil infraction(s) under
this Ordinance, but does not contest the citation, shall pay a fine for each such separate offense
as follows:
(1) Nonaggravated violations. Fines for an uncontested citation of
violation of any provision of this Ordinance, except any aggravated violation described in
paragraph (2), below and as defined above, are as follows:
(a) First citation: $100.00 for each first offense.
(b) Second citation: $200.00 for each second offense.
(c) Third (or more) citation: $300.00 for each such offense if a
mandatory appearance is not required by the animal control
enforcement officer named on the citation. If a mandatory
appearance is required by the animal control enforcement officer
named on the citation, the recommended fine should be more than
$350.00, but not more than $500.00. The amount of the fine(s)
shall be as determined by the special magistrate or other trier of
fact. A mandatory appearance shall be required for each third and
each subsequent citation if the violator has not at the time of
issuance of the citation paid all fines and all surcharges for all prior
citations.
(2) Aggravated violations. A violation of Section Fourteen, Subsection
4; Section Nine, Subsection 1, Sub - subsections (I) and (J); or Section Ten, Subsection 1
shall be considered an aggravated violation. For each uncontested aggravated violation,
the fines and appearance obligations are as follows:
(a) First citation: $250.00 for each first aggravated violation.
(b) Second citation: $350.00 for each second aggravated
violation and a mandatory appearance before the Special
Magistrate.
(c) Third (or more) citation (s): A mandatory appearance and a
recommended fine of more than $400.00 but not more than
$500.00 for each such aggravated violation. The amount of such
fines shall be determined by the Special Magistrate or other trier of
fact.
E. Animal services may authorize and establish an educational program aimed
at teaching responsible pet ownership. When such a program becomes available any person who
receives a citation may elect to attend in lieu of payment. The person cited shall be responsible
for any cost associated with attending the course. The person cited must register and pay for the
course within twenty (20) days of receipt of the citation. Registration and payment for the course
constitutes admission of the violation and in so doing the person waives his or her right to
contest the violation to the Special Magistrate. The course must be successfully completed within
ninety (90) days of receipt of the citation. Upon completion of the course, the civil penalty will
be waived; however, a person may not make an election under this subsection if the person has
WE
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12/11/2012 Item 11.G.
successfully completed this course within the preceding twelve (12) months or if the citation
requires a mandatory appearance before the special magistrate. A person may make no more than
two (2) elections under this subsection. Successful completion of the course does not constitute
dismissal of the violation as a first (or subsequent) offense.
F. A person who is required to appear does not have the option of paying the
fine instead of appearing before the Special Magistrate.
G. A citation that is dismissed by the county, or by the Special Magistrate or
by other trier of fact, shall not count as a prior citation for the purpose of determining the number
of prior citations issued to that violator.
H. The violator's failure to pay the fine, and /or to timely request a hearing
before the Special Magistrate may result in an admission of guilt. The code enforcement
department shall give notice to the violator that a hearing will be conducted concerning the
alleged violation(s) and/or unpaid fines. The notice shall be in similar form to that described in
the Collier County Code Enforcement Special Magistrate Ordinance and state the time and place
of the hearing, as well as the violation(s) which are alleged to exist and/or the accruing fine
amount, if applicable. The Special Magistrate's findings shall be reduced to writing and recorded
in the official records.
I. Notwithstanding anything in this Ordinance, the individual who issues the
citation or other pleading may require a mandatory appearance if a mandatory appearance is in
that instance authorized by law.
J. If the named violator is properly noticed of the hearing and fails to appear,
the Special Magistrate may hear the citation and impose any penalties allowed by this Ordinance.
K. The named violator or the county may seek to overturn a final order of the
Special Magistrate by making application to the county court for a trial de novo on the merits.
Such application must be filed within 30 calendar days from the rendition of the order sought to
be overturned. A violator will have the right to a de novo proceeding provided that all
administrative remedies have been exhausted. Failure to make such application within the
required time period will render the findings and order of the Special Magistrate conclusive,
binding, and final. All findings of the Special Magistrate will be evidence at any de novo
proceeding held pursuant to this subsection.
L. If the named violator or the animal control enforcement officer fails to
appear in court the court may issue an order to show cause. Such order shall require such persons
to appear before the court to explain why action on the citation has not been taken or the court
may render a civil judgment up to $500.00. If any person who is issued an order to show cause
fails to appear in response to the court's directive, that person may be held in contempt of court.
M. If any penalty provision specified by F.S. § 828.86 is amended, such
amended penalty provisions shall apply to this Ordinance without further action by the board of
county commissioners.
N. The County may institute proceedings in a court of competent jurisdiction to
compel payment of any civil penalty. If a person fails to pay the civil penalty, or fails to appear
in court as may be required, then the court may issue an order to show cause upon the request of
animal services. The person shall be required by the court to appear before the court to explain
why action on the citation has not been taken. If any person who is issued such order fails to
appear in response to the court's directive, the person may be held in contempt of court.
O. Nothing herein contained shall prevent or restrict the county from taking
such other lawful action in any court of competent jurisdiction as is necessary to prevent or
20
Packet Page -1821-
12/11/2012 Item 11.G.
remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be
limited to, an equitable action for injunctive relief and an action at law for damages.
5. Penalty Schedule. The following Penalty Schedule is meant as a summary of the
penalties set forth above. Should this chart conflict with the penalty provisions set forth above,
the penalty provisions shall control.
Violation of
First Offense
Second Offense
Third or Subsequent
Offense
Section Eight:
Notice to Comply,
Citation: $200
Citation: $300
Requirement to
with a $100 citation
license and vaccinate
issued if not in
compliance in 15
days
Section Nine:
Notice of Violation,
Citation: $200
Citation: $300
General Violations
with a $100 citation
issued if $25
discounted fine not
paid in 72 hours
Section Nine,
Notice of Violation
Aggravated Citation:
Aggravated Citation,
Subsection 1 (I) and
with a $250
$350 with mandatory
with mandatory
(J)
Aggravated Citation
appearance.
appearance: $400 -
if $25 discounted fine
500, as set by the
not paid in 72 hours
special magistrate.
Section Ten
Aggravated Citation:
Aggravated Citation:
Aggravated Citation,
Subsection 1:
$250
$350 with mandatory
with mandatory
Animal Cruelty
appearance.
appearance: $400-
500, as set by the
special magistrate.
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12/11/2012 Item 11.G.
Section Ten,
Notice to Comply,
Citation: $200
Aggravated Citation:
Subsection 2:
with a $100 citation
$350.
Tethering
issued if not in
compliance in 15
days
Section Eleven:
Notice to Comply
Citation: $200
Citation: $300
Dangerous Dog
with a $100 citation
issued if not in
compliance in 15
days
Section Twelve:
Notice to Comply
Citation: $200
Citation: $300
Standards of Care
with a $100 citation
issued if not in
compliance upon re-
inspection.
Any item not
Citation: $100
Citation: $200
Citation: $300
specified above
SECTION FOURTEEN: Disposition of Impounded Animals.
1. Impounded animals not suspected of having an infectious or contagious disease
shall be held for a minimum of five full days (120 hours) to provide time for the animal's owner
to notify staff of intent to recover the animal. The Director or designee shall make at least three
attempts to contact the owner of an impounded animal, if the owner's identity is known or easily
ascertained, before the animal's humane disposition. Dogs, cats, and other animals not claimed
within the five -day period, may be adopted, or may be euthanized by any method specified in
F.S. § 828.058.
2. Animals shall be released to owners on presentation of proof of ownership and
payment of costs and fees.
A. Fees.
(1) Fees related to impoundments may include, but are not limited to;
impoundment fees, advertising fees for impounded livestock, laboratory
and veterinarian fees, transportation fees, and daily board.
(2) Fees are established and revised by resolutions adopted by the
board of county commissioners.
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12/11/2012 Item 11.G.
B. Microchipping.
(1) Dogs and Cats that have been impounded shall be microchipped by
animal services' staff at the owner's expense prior to being released to the
owner. Microchipping shall be required based on the first impoundment.
(2) Animals that are already microchipped when impounded, must
have the information on the microchip recorded by animal services. The
information must be accurate and current. If the information is not current,
the owner must come into compliance with this section prior to having the
animal released.
(3) At the discretion of the Director, the animal may be released to the
owner if the owner signs a sworn statement representing that the animal
will be implanted with a microchip by a licensed veterinarian. The owner
will be required to submit a statement within ten days, signed by a
licensed veterinarian, confirming that the animal has been so implanted
and provide the microchip number to animal services. No microchipping
is required if a licensed veterinarian certifies in writing that microchipping
would endanger the animal's health.
C. Mandatory spay /neuter.
(1) Dogs and cats that have been impounded shall be spayed /neutered
at the owner's expense prior to being released to the owner. Spay /neuter
shall be required based on first impoundment.
(2) At the discretion of the Directors, the animal may be released to
the owner if the owner signs a sworn statement representing that the
animal will be spayed /neutered by a licensed veterinarian. The owner will ^
be required to submit a statement within ten days, signed by a licensed
veterinarian, confirming that the animal has been so sterilized. No
spay /neuter is required if a licensed veterinarian certifies in writing that
the surgery would endanger the animal's health or if a licensed
veterinarian with whom the pet owner has a previously established doctor -
patient- client relationship certifies in writing that the animal is of
appropriate health, conformation, and temperament to be bred. Such
certification is to be made on a sworn statement provided by the County.
The owner of the animal will also certify on a sworn statement to be
provided by the County that he or she will comply with the provisions of
this Ordinance or all laws and ordinances governing the regulation of
breeders.
3. Animals not claimed within a five -day period may be adopted, subject to the
provisions below:
A. Adoption fees are established and revised by resolutions adopted by the
board of county commissioners.
B. A portion of each adoption fee for a dog or cat will be deposited in the
county neuter /spay trust fund for the purpose of funding the county's neuter /spay program. The
amount to be deposited is established and revised by resolutions adopted by the board of county
commissioners.
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12/11/2012 Item 11.G.
C. Administration of the neuter /spay program shall remain under the control
of the Director. Accounting for the disbursement of the neuter /spay fees shall be in accordance
with procedures of the county's finance department.
D. Dogs and cats that are adopted shall be microchipped by animal services'
staff at the adopter's expense prior to being released to the adopter.
E. Dogs and cats that are adopted shall be spayed/neutered by animal
services' veterinarian or a licensed veterinarian contracted by animal services prior to being
released to the adopter.
F. If a dog or cat adopted from animal services is not sterilized prior to
placement in the adopter's home, the adopter shall have the animal sterilized by a licensed
veterinarian within 30 days of the adoption or prior to the animal's sexual maturity. The adopter
shall enter into a written agreement with the county guaranteeing such sterilization. If the
subsequent sterilization is not performed by animal services' veterinarian or a licensed
veterinarian contracted by animal services, the adopter shall be responsible for the expense.
Assumption of financial responsibility does not relieve the adopter of the requirement to provide
written proof of sterilization within the specified time limit.
4. No person, or on behalf of any other person or entity whatsoever, shall acquire or
attempt to acquire actual or constructive possession of any animal for any use in research,
testing, animal fighting, or animal sacrifice, from the actual or constructive possession of any
county animal services center, or from any person or entity operating or controlling any animal
custody facility, pound, or animal shelter that is then leased from the county by a lease that
prohibits such use, or is then under a contract with the county which contract prohibits such use.
Such use includes the immediate or eventual sale, transfer, gift, trade, donation, delivery, or any
other provision of any animal for use in research, testing, and /or animal sacrifice. No employee,
volunteer, worker, agent or other representative of any such entity shall knowingly release from
the actual or constructive possession of any such entity, any animal for any such known or
suspected use.
5. Failure to . comply with the requirements of section shall be a violation of this
Ordinance and punishable as provided in Section Thirteen.
SECTION FIFTEEN: Wild Animals.
It shall be unlawful for any person to maintain or keep a wild animal except:
1. Owners licensed by the State Fish and Wildlife Conservation Commission and
confined to the owner's premises in a cage or enclosure.
2. A wild animal for exhibition purposes maintained by a licensed circus, zoo,
attraction or educational institution.
SECTION SIXTEEN: Psittacine birds.
1. A Psittacine bird known to be infected with the Psittacosis virus, or to have been
associated with a bird known to be infected, shall be quarantined until released by the health
officer. No bird shall be removed from where an infected bird is found until the quarantine is
^ lifted.
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12/11/2012 Item 11.G.
2. When human contamination is traced to an aviary a reasonable number of birds
will be confiscated for virus examination.
3. Infected birds shall be killed and their bodies immersed in two percent Creosol
and burned before the feathers are dry if the bodies are not shipped for laboratory examination.
Shipment for laboratory examination shall be made in accordance with instructions by the health
officer.
SECTION SEVENTEEN: Feral Cats.
1. Feral cat colonies shall be permitted when registered with an agency contracted
with Collier County to manage a trap- neuter -return program.
2. Feral cat colonies shall be managed in compliance with the terms and conditions
of such a contract.
3. In the event animal services receives a complaint of an alleged violation of
Section Ten of this Ordinance, the agency contracted with Collier County to manage a trap -
neuter -return program shall be given 15 days to remedy said violation. Thereafter, all normal
provisions of this Ordinance apply.
4. For the purposes of enforcement of this Ordinance, a feral cat's caregiver shall be
considered its owner.
SECTION EIGHTEEN: Repeal of Ordinance No. 2008 -51, as amended.
Upon adoption of this Ordinance, Ordinance No. 2008 -51, as amended, is hereby
repealed and replaced in its entirety.
SECTION NINETEEN: Conflict and Severability.
In the event 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 the Ordinance is 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.
SECTION TWENTY: 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 the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
25
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12/11/2012 Item 11.G.
SECTION TWENTY -ONE: Effective Date.
This Ordinance shall be effective upon filing with the Department 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
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
n
26
Packet Page -1827-
, CHAIRMAN
12/11/2012 Item 11.G.
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO ANIMAL CONTROL,
PROVIDING FOR TITLE, PROVIDING FOR CONSTRUCTION AND
PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
AUTHORITY OF DIRECTOR, INTERFERENCE WITH OFFICER IN
PERFORMANCE OF DUTY; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR COMPLAINTS; PROVIDING FOR RABIES
CONTROL; PROVIDING FOR LICENSE CERTIFICATE, TAGS,
VACCINATION REQUIRED; PROVIDING FOR GENERAL
VIOLATIONS; PROVIDING FOR INHUMANE TREATMENT OF
ANIMALS; PROVIDING FOR DANGEROUS DOGS, DEFINITIONS AND
PROCEDURES; PROVIDING FOR STANDARDS OF CARE;
PROVIDING FOR PENALTIES; PROVIDING FOR DISPOSITION OF
IMPOUNDED ANIMALS; PROVIDING FOR WILD ANIMALS;
PROVIDING FOR PSITTACINE BIRDS; PROVIDING FOR FERAL
CATS; PROVIDING FOR REPEAL OF ORDINANCE 2008 -51, AS
AMENDED; PROVIDING FOR ADOPTION OF STATE STATUTES BY
REFERENCE, BOARD INTENT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, at its November 9, 2011 meeting, the Board of County Commissioners
directed Domestic Animal Services staff to work through the Domestic Animal Services
Advisory Board to formulate amendments to the Animal Control Ordinance that would address
community concerns regarding enforcement of animal control laws; and
WHEREAS, at its March 27, 2012 meeting, the Board of County Commissioners
approved conceptual changes to the Animal Control Ordinance that included strengthening
provisions in the Ordinance that provide for permitting of certain animal- related entities,
introducing language that would provide for consistency in the issuance of penalties and
consequences for nonpayment of same, and revisions to the dangerous dog section to more
strictly align with the state statutes; and
WHEREAS, Chapter 828, Florida Statutes, specifically regulates animal cruelty in the
state of Florida and has authorized local governments to enact ordinances relating to animal
control or cruelty, provided it does not conflict with Chapter 828; and
WHEREAS, Chapter 767, Florida Statutes, regulates dangerous dog cases in the state of
Florida, and authorizes local governments to enact local procedures for declaring a dog
dangerous and regulating such dangerous dogs, provided it does not conflict with Chapter 767;
and
1
Words Underlined ar '' `'' - Pffeugh are deleted.
Packet Page -1828-
12/11/2012 Item 11. G.
WHEREAS, the Board of County Commissioners finds it in the best interest of the
citizens of Collier County to repeal and replace Ordinance 2008 -51, as amended, in order to
strengthen the enforcement of the Ordinance and to ensure that the County's Ordinance does not
conflict with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title.
This Ordinance shall be known and may be cited as the "Collier County Animal Control
Ordinance."
SECTION ONE TWO: Adoption by Reference, Construction and Purpose.
The Board adopts by reference as part of this chapter, all laws of the State of Florida
relating to animal control animal welfare and animal cruelty It is the intent of the Board that
this chapter shall supplement the provisions of state law, including re uired procedures and that
in the event of any conflict between the terms of this chapter and state law, state law shall
control. T4is Qfdinaaee - s, and shall =emed te be, ; e and siipp=eef*a4, md i
n
. This
Ordinance is enacted with the primary purpose of insuring the health of the human residents and
visitors of the county and with the secondary purpose of insuring the health of the animals in the
county. This Ordinance is to be liberally construed to affect those objectives.
The Ordinance is established to support the mission of animal services as established by
the Board of County Commissioners: To ensure compliance with local and State animal related
laws: to return strays to their owners and promote the adoption of homeless animals to new
families; and to work toward ending the community problem of Det overpopulation
SECTION TWO THREE: Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Aggressive animal means any animal of fierce or dangerous propensities likely to cause
physical injury or property damage or that exhibits traits of ungovernableness.
Animal means every living dumb creature.
Words Underlined ar '' "' -' - ' T-1wough are deleted.
Packet Page -1829-
12/11/2012 Item 11.G
Animal - related business means any for - profit person or business required to hold a
business tax receipt that renders services to for or by M domestic animal, excepting
commercial agricultural operations and the offices or practices of State- certified and licensed
veterinarians Examples of animal- related businesses include, but are not limited to, boarding
facilities doggie day cares groomers pet shops petting zoos pony rides stables and training
facilities.
Animal - related organization means any not - for - ,profit entity that maintains premises for
the pMose of rendering services to for or by any domestic animal. Examples of animal- related
organizations include but are not limited to rescues that maintain premises as a central location
for their activities, sanctuaries. and animal shelters.
Animal cruelty, torture or torment shall be held to include every act, omission, or neglect
whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the
interest of medical science. or otherwise permitted under Florida Law.
Animal services means the Collier County Domestic Animal Services Department.
Animal services center means any place approved as such by the Board of County
Commissioners for the detention, care and/or treatment of animals in custody.
At -large means off the premises of the owner and not under the direct control of the
owner or other competent person, on a suitable leash of dependable strength sufficient to restrain ^
the animal.
Commercial Breeder means any person or business required to hold a business tax receipt
that breeds one (1) or more domestic cat(s) or dog(s) or offers one (1) or more domestic cat(s) or
dog(s) for breeding or stud purposes, producing seven (7) or more litters per year, or offers the
kittens and puppies that are the result of such breeding for sale. Commercial breeders are subject
to agricultural zoning requirements of the Land Development Code.
County veterinarian means a veterinarian, duly licensed by the state, appointed by the
Director to be a consultant to the county health department and to the Director.
Dangerous ervieieu dog means any dog that according to the records of Animal
services:
A. Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a
human being on public or private property;
B. Has more than once severely injured or killed a domestic animal while off the
owner's property; or
Words Underlined ar- - " - Tlffeo are deleted.
Packet Page -1830-
12/11/2012 Item 11.G.
tFained for- -v n -grrcrra�
D C. Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack,
provided that such actions are attested to in a sworn statement by one or more persons
and dutifully investigated by 4i,--Animal services
Direct control means the immediate, continuous physical control of an animal at all times
by such means as a fence, tether, or suitable leash of dependable strength sufficient to restrain the
animal; or specially trained hunting animals engaged in legal hunting, or animals engaged in
shows or organized obedience training programs where the animals respond to commands.
Director of animal services means the director of the Collier County Domestic Animal
Services Department, or his or her designee.
Earnotched means a "v" has been cut from the tip of the left ear of a cat.
Eartipped means the tip of the left ear of a cat has been cut in a straight line.
Feral cat means a cat that is free roaming and exists in a wild or untamed state.
Feral cat caregiver means any person who provides food, water, or shelter, or otherwise
cares for (a) feral cat(s).
Feral. cat colony means a group of cats that congregates, more or less, as a unit. Nonferal
cats that congregate with a feral cat colony shall be deemed a part of it.
Health officer means the director of the County health department, or his designee.
Ins
FAMPI "M PM9 11
Livestock means all animals of equine, bovine, or swine class, including sheep, goats and
other grazing animals.
Microchip means an animal microchip implant that is an identifying circuit placed under
the skin of a dog, cat, or other animal. The chips are about the size of a large grain of rice.
Non - Commercial Breeder means any person or business required to hold a business tax
receipt that breeds one (1) or more domestic cat(s) or dog(s) or offers one (1) or more domestic
cat(s) or dog(s) for breeding or stud purposes producing one (1) to six (6) litters ,per year, or
offers_ the kittens and puppies that are the result of such breeding for sale Non-commercial
100%" breeders are subject to the home occupational license requirements of the Land Development
4
Words Underlined ai . - ' ' �•' — ' - Pw-eugh are deleted.
Packet Page -1831-
12/11/2012 Item 11.G.
C:ocle_
Owner means any person having a right of property in an animal, or any person with the
right or duty to control an animal, or any person then physically controlling, possessing,
harboring or keeping an animal.
N W2
e_=
Premises means the principle place of operation for all animal- related businesses, animal -
related organizations, commercial and non - commercial breeders, and rodeos, specifically where
animals are housed on a day -to -da basis.
Psittacine birds means all birds commonly known as parrots, Amazons, Mexican
doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds, loris, lorikeets, and other
birds of the Psittacine family.
Research or testing means any use of any animal in any vivisection, including
demonstration or practice surgery, medical or biomedical research, medical experimentation,
medical or nonmedical education, or to test any medication, radiation, toxicity, element,
chemical or chemical compound, or to study the effects of any consumer product on humans or '^
animals, or for use in biological production or other substantially similar research or testing for
scientific, medical, biomedical, educational, or veterinary purpose, by any individual, school,
college, university, hospital, laboratory, or any other institution or entity of any description,
public or private. Such uses of an animal that does not expose any animal to any incision or
puncture, to torture, torment, or cruelty, to any immediate or future damage or impairment, or to
unusual stress, is not research or testing as defined herein.
Rodeo means any event or show involving the use of equines, and/or bovines for the
exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging, where a fee is
charged to witness the event.
Standard of Care refers to a set of rules and regulations governing the care and feeding _of
animals maintained in or by animal - related businesses. animal - related organizations, commercial
breeders, non - commercial breeders, and rodeos, as adopted by the Board of County
Commissioners.
Tether means to restrain a dog by tying the dog to any object or structure, including
without limitation a house, tree, fence, post, garage, or shed, by any means, including without
Words Underlined ar '' "`- ThFeugh are deleted.
Packet Page -1832-
b
> r, ny
fides,
stable,
7
Standard of Care refers to a set of rules and regulations governing the care and feeding _of
animals maintained in or by animal - related businesses. animal - related organizations, commercial
breeders, non - commercial breeders, and rodeos, as adopted by the Board of County
Commissioners.
Tether means to restrain a dog by tying the dog to any object or structure, including
without limitation a house, tree, fence, post, garage, or shed, by any means, including without
Words Underlined ar '' "`- ThFeugh are deleted.
Packet Page -1832-
12/11/2012 Item 11.G.
limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash to
walk a dog.
Trap - neuter - return means the practice of humanely trapping feral cats; ensuring they are
spayed or neutered, vaccinated, and earnotched or eartipped; and returning them to their feral cat
colonies.
Trap - neuter - return program means the practice of trap- neuter -return and other best
management practices intended to diminish the population of feral cats within the community.
Vaccination means administering to any animal, pursuant to a certificate of vaccination
issued by a licensed state veterinarian, an anti - rabies vaccine approved by the state department of
health and rehabilitative services.
Wild animal means any living non - domesticated species defined as wildlife by the
wildlife code of the state fish and wildlife conservation commission., and any fee � A +
n SECTION T14REE FOUR: Authority of Director; Interference with Officer in
Performance of Duty.
1. The director of animal services (hereinafter "Director ") shall have all necessary
authority to enforce this Ordinance, and pick up, catch or procure any animal in violation of this
Ordinance, and have such animal impounded within the animal services center or other
designated place.
2. The Director shall have authority to enter upon any public or private property,
except a building designated for and actually used for residential purposes and other buildings
within the curtilage of the principal residential building, for the purpose of enforcing this
Ordinance.
3. It shall be unlawful for a person to interfere with, hinder, molest or abuse the
Director, the health officer, or any of their subordinates in the performance of their lawful duties
under this Ordinance or under Florida law.
4. It shall be unlawful for any owner of any animal to refuse to surrender such
animal for impoundment or quarantine as provided by this Ordinance when demand for
surrender of the animal is made by the health officer, Director, or other enforcement officer.
feg-dia4ieffs to a
stables, > >
e-aiffials ' i by the L ,a
„Y.. a „1„ +'v
65. The Director or the Sheriff of Collier County, or their respective designees, shall
r1 have the authority to destroy any free roaming untagged dog or cat when other reasonable means
C
Words Underlined ar "' -' - ' Thfeug are deleted.
Packet Page -1833-
> efni
ligenee eausing,
j
available.
_fipar-iffg When the
Trap - neuter - return means the practice of humanely trapping feral cats; ensuring they are
spayed or neutered, vaccinated, and earnotched or eartipped; and returning them to their feral cat
colonies.
Trap - neuter - return program means the practice of trap- neuter -return and other best
management practices intended to diminish the population of feral cats within the community.
Vaccination means administering to any animal, pursuant to a certificate of vaccination
issued by a licensed state veterinarian, an anti - rabies vaccine approved by the state department of
health and rehabilitative services.
Wild animal means any living non - domesticated species defined as wildlife by the
wildlife code of the state fish and wildlife conservation commission., and any fee � A +
n SECTION T14REE FOUR: Authority of Director; Interference with Officer in
Performance of Duty.
1. The director of animal services (hereinafter "Director ") shall have all necessary
authority to enforce this Ordinance, and pick up, catch or procure any animal in violation of this
Ordinance, and have such animal impounded within the animal services center or other
designated place.
2. The Director shall have authority to enter upon any public or private property,
except a building designated for and actually used for residential purposes and other buildings
within the curtilage of the principal residential building, for the purpose of enforcing this
Ordinance.
3. It shall be unlawful for a person to interfere with, hinder, molest or abuse the
Director, the health officer, or any of their subordinates in the performance of their lawful duties
under this Ordinance or under Florida law.
4. It shall be unlawful for any owner of any animal to refuse to surrender such
animal for impoundment or quarantine as provided by this Ordinance when demand for
surrender of the animal is made by the health officer, Director, or other enforcement officer.
feg-dia4ieffs to a
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e-aiffials ' i by the L ,a
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65. The Director or the Sheriff of Collier County, or their respective designees, shall
r1 have the authority to destroy any free roaming untagged dog or cat when other reasonable means
C
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and methods to capture are tried but failed, or when a diligent search has been made to establish
ownership has failed, and it has been ascertained by citizen complaint or investigation that the
animal has aggressive tendencies and poses a threat of injury to persons or other animals, or has
caused bodily injury to a person or has physically injured or killed livestock.
6. An animal control officer may free any animal left unattended in a motor vehicle
if the animal appears to be in imminent dander or distress. The animal control officer shall first
attempt to locate the owner. If unable to do so in a reasonable time with due consideration ig ven
as to the peril to the animal the animal control officer shall free the animal in a manner which is
calculated to cause the least damage to the vehicle as necessary to safely remove the animal.
Once freed the animal is to be brought to an animal services center and the owner promptly
notified.
SECTION FAQ FIVE: Enforcement.
1. By animal control enforcement officer and sheriff. The Director, any animal
control enforcement officer, or officer of the sheriff's office, is empowered to enforce this
Ordinance.
2. By municipal police. Upon resolution approved by the governing board of any
incorporated municipality within the confines of the county, the police force of any such
municipality is empowered to enforce the provisions of this Ordinance within that municipal
corporation.
3. By agents, employees of animal services department.
A. Designation. The Director is hereby authorized to designate agents or
employees of the county department of animal services as animal control enforcement officers. It
shall be the responsibility of the Director to determine the training and qualifications of any
employee or agent so designated, subject to minimum requirements specified in F.S. § 828.27.
B. Authorization. It shall be the duty of any person designated as an animal
control enforcement officer to enforce this Ordinance and subsequent amendments hereto
relating to animal control.
C. Authorized to issue penalties. Any person designated as an animal control
enforcement officer is hereby authorized to issue penalties as outlined in Section Eleven Thirteen
for violations of this Ordinance and subsequent amendments hereto. The form of penalty issued
may be determined at the discretion of the animal control officer or officer of the sheriff's office,
but shall be commensurate with the severity of the infraction and any history of violation of the
recipient.
D. Limitation of powers. Nothing herein contained shall be construed to
authorize or permit any person designated as an animal control enforcement officer pursuant to
this section, to perform any function or duties of a law enforcement officer other than specified
herein. No such officer shall make physical arrests or take any person into custody. All such
officers shall be exempt from the requirements relating to the state high- hazard retirement
program and police standards and training commission as defined or referred to by F.S. § 122.34
and F.S. ch. 943.
SECTION FIB SIX: Complaints.
7
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1. Complaints for alleged violation of this Ordinance shall be communicated to the
Director, sheriff's office or police department. Upon receipt of a complaint, an investigation shall
be conducted to determine if there is any violation of this Ordinance. If it is ascertained that any
provision of this Ordinance is being violated, proper and lawful action will be taken to enforce
this Ordinance.
2. Upon receipt of more than one "affidavit of complaint" for any violation of this
Ordinance, each prepared and signed independently by a resident of a separate dwelling in the
vicinity of the violation, and acknowledged under oath before an individual authorized by law to
take acknowledgements, setting forth the complained of acts, an enforcement officer shall
investigate the facts to determine if the acts complained of are a violation, and, if satisfied that a
violation has occurred, may issue a penalty for the violation, including, subject to F.S. § 828.27,
and conditions of this Ordinance, a mandatory court appearance or appearance before the special
magistrate.
3. Intentional falsification of information on an "affidavit of complaint" shall be a
violation of this Ordinance, and punishable as provided in Section gleve Thirteen.
SECTION SIX SEVEN: Rabies Control
1. The Director shall give first priority to requests of the health officer to investigate
cases involving rabies or the suspicion of rabies.
2. Any person having knowledge of an animal biting, scratching or otherwise
wounding a person by contact shall immediately report the facts to the County health department
or to the department of animal services, including:
^, A. The victim's name, approximate age and address;
B. The animal owner's name and address;
C. The animal's description and location; and
D. Names and description of other persons and animals involved.
3. An animal known to have bitten or scratched a human or an animal suspected of
having rabies shall, if possible, be captured or taken into custody by the Director, police, sheriffs
office, or health officer.
A. Unvaccinated dogs and cats will be impounded and quarantined for ten
days of clinical observation in the animal services center or at a local veterinarian clinic
authorized by the health officer or Director. Impoundment and boarding fees will be paid by the
owner of the animal. Other animals will be impounded and quarantined by direction of the health
officer or Director.
B. Dogs or cats that have a current vaccination may be confined under
quarantine by fence or suitable enclosure on the premises of the owner, or at some other location
approved by the health officer or the Director.
C. Earnotched or eartipped feral cats will be impounded and quarantined for
ten days of clinical observation in the animal services center if possible. If the cat cannot be
trapped for impoundment, it will be observed daily by its feral cat caregiver. Feral cats that are
not eamotched or eartipped will be deemed to be unvaccinated.
4. Wild animals that are susceptible of carrying rabies, that are being held in
captivity, or possessed as pets by private persons who are properly licensed, but which animals
have not been vaccinated with a proven anti- rabies vaccine that has been developed for that
n specified species of animal and which vaccine is recognized as an effective vaccine by the health
8
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officer, or for which no known rabies incubation period has been established by research
recognized by the health officer, which animal has either bitten a human being or which animal
is suspected of having rabies, shall be impounded and quarantined by the Director upon the
recommendation of the health officer. The animal will be held in quarantine for a specified
period of time as directed by the health officer.
A. A wild animal may be euthanized at the discretion of the health officer for
the purpose of laboratory analysis to determine if the animal is rabid when the health and /or
welfare of the person bitten by that animal is in jeopardy.
B. The decision whether to euthanize the animal will be based upon history
of possible exposure of the animal to rabies.
5. Any animal possessed in a licensed attraction, zoo, circus, or educational
institution, and that is known to have bitten a human being, shall be isolated and subjected to a
quarantine period at a location as directed by the health officer or Director. In determining the
quarantine and location, the decision will be made on the history of the animal's possible
exposure to rabies.
6. No animal may be removed from the place of quarantine without the prior written
authorization of the health officer or Director, or his or her designee. If any animal dies during
quarantine, the person holding the animal in quarantine shall immediately notify the health
officer or Director, and shall immediately surrender the body of the animal without altering the
body in any manner.
7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is
bitten by a known rabid animal shall be immediately destroyed. If it is an owned animal,
however, the owner may elect to have the animal confined and quarantined at the animal services
center, or at another location approved by the health officer or Director, for a period of up to six
months. All costs of the detention of the animal will be at the expense of the owner.
8. The Director, sheriff or municipal police officer shall have authority to kill an
animal in order to procure an animal that is susceptible of carrying rabies and that is known to
have bitten a human being or is suspected of having rabies, provided that all other reasonable
means and methods under the circumstances to capture the animal have failed. The head of the
animal, intact, shall then be submitted to a designated laboratory to be analyzed for rabies
infection.
SECTION SEVEN EIGHT: License Certificate; Tags, Vaccination Required.
1. Any owner of a dog or cat shall obtain a County license for each such animal
when the animal is four months old or older.
A. The license will be issued for a period of one year and is required to be
renewed annually thereafter and must remain current at all times.
B. The record corresponding to the license shall contain the name of the
owner, address, breed, sex and color of each animal, or other descriptive data.
C. A tag designating the license number shall be issued.
D. The tag shall be affixed to the animal's collar or harness at all times,
except when the animal is confined, securely fenced or participating in an organized match,
show, trial, or obedience training.
E. The license issued under this section shall not be transferable from animal
to animal or from owner to owner.
Words Underlined ar "`- Thfough are deleted.
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� F. Each license and tag must be obtained from persons designated by the
Director. License forms provided by the Director for the registration and licensing of dogs and
cats shall be completed and be submitted to the Director.
G. Veterinarians are authorized to sell dog licenses and cat licenses and are
authorized to charge a surcharge for this service. The amount of the authorized surcharge is
established and revised by resolutions adopted by the Board of County Commissioners. Forms
and license tags will be furnished by the County to the veterinarian.
2. Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for
rabies when the animal is four months old or older. The owner of every dog, cat, and ferret shall
have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval
between vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall
provide proof of vaccination upon demand of the health officer or his designee or any other
person authorized to enforce this Ordinance. Animal services may deny issuance of a license to
any animal without a current rabies vaccination. No vaccination is required if a licensed
veterinarian certifies in writing that. the vaccination would endanger the animal's health.
3. Cats belonging to feral cat colonies that are registered with an agency contracted
with Collier County to manage a trap- neuter -return program shall be exempt from the
requirement to license.
4. Animal- related organizations in good standing with animal services and rescue
organizations qualified to adopt animals from animal services that are housing cats and dogs in
foster or sanctuary type settings as an alternative to humane euthanasia may acquire a blanket
license for all cats and dogs housed.
4.-5. License fees are established and revised by resolutions of the Board of County
n Commissioners. A portion of each non - neutered /non - spayed animal license fee will be deposited
in the County neuter /spay trust fund for the purpose of funding the County's neuter /spay
program. The amount to be deposited is established and revised by resolutions adopted by the
Board of County Commissioners.
SECTION EIGHT NINE: General Violations.
1. It shall be unlawful for the owner of an animal to allow or permit his or her
animal:
A. To be upon the beaches of the county, whether fettered or unfettered,
unless the area has been designated by the board as suitable for use by such animals, except a
certified seeing -eye or hearing -ear dog actually in use by handicapped person, or animals used
by law enforcement officers or county ordinance enforcement personnel.
B. To run at large in or upon any public street, road, sidewalk, other public
place, or upon private property without the expressed or implied consent, subject to zoning, of
the owner or any lessee of such private property.
C. To be within any park or upon public school grounds or public playground
in the county, whether fettered or unfettered, except where the landowning or managing agency
has established a clearly designated area for such use.
D. To enter any building where food is stored, prepared, served or sold to the
public, or any other public building or hall; provided, however, that this provision shall not apply
to any blind or deaf persons using seeing -eye or hearing -ear dogs, to public buildings used for
LUO
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animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer or
code enforcement officer.
E. To trespass upon private or public property so as to damage or destroy any
property or thing of value, or to defecate and create a sanitary nuisance thereon, including
defecating upon roadways, road rights -of -way, sidewalks, or other property so as to create a
sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not immediately
removed and properly disposed.
F. To chase, run after, or jump at vehicles or bicycles using any road or road
right -of -way.
G. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully
using any road right -of -way.
H. To bark, whine, howl, or cause other objectionable noise, which is
offensive and of such a continuous duration of time so as to create a nuisance.
I. To be abandoned and thereby relinquish control of an animal with the
intent or purpose of setting the animal at large.
J. To be confined in an unattended motor vehicle without sufficient
ventilation or under other conditions for such periods of time as may endanger the health and /or
physical well -being of the animal due to heat, lack of potable water, or such other circumstances
as may reasonably cause suffering, disability, or death to the animal.
K No person shall transport or carry any dos or other animal in a motor vehicle
unless the animal is safely enclosed within the vehicle. If a person is transporting or carrying an animal in
an unenclosed or partially enclosed vehicle including but not limited to convertibles, pick -up and flat-
bed trucks the person shall confine the animal in a container, case, or other device that is of proper and
adequate size to prevent the animal from falling from or Jumping from the motor vehicle.
2. It shall be unlawful for any owner to permit, allow or suffer any livestock to run
at large or stray upon any roads and highways, or upon the property of another without
permission of the property owners or their authorized agent or lessee, subject to zoning.
34. It shall be unlawful to keep any female dog or cat in heat (estrus) which is not
confined to a building or secure enclosure, veterinary hospital, or boarding kennel and in such a
manner that the female dog or cat can come in contact with any male dog or cat except for
intentional breeding with a specific male dog.
SECTION NINE TEN: Inhumane Treatment of Animals.
1. It shall be unlawful for any person to:
A. Fight or bait animals as set forth in &828.122, Florida Statutes, commonly
known as "The Animal Fighting
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ether- anima4 + Y ,.t: •Y „t° ft, .1 « be t, ° to fight e. he ,a a" a t, mug!t°
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B. Maim or disfigure any dog, cat, or other animal.
C. Administer poison or expose any poisonous substance with reason to
know that the same may kill an animal other than the common rat or mouse.
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11
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12/11/2012 Item 11.G.
other- animals- ,
of geed8d11-eleseme- feed affd-- eF—.Confine animals without sufficient food water or
exercise, or abandons to die any animal that is maimed sick infirm or diseased as prohibited in
&828.13, Florida Statutes
E. Commit an act of animal cruelty in violation of §828.12, Florida Statutes
F. Keep affy
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of ain
FBI. Beat and cause unnecessary injury and suffering to any animal.
I.
Caffy any animal - leave , �• , ,
any manner. tha� t4eatefts the health of the ai:iifflal, sueh as by
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.
G. Work an animal in a sick diseased or injured condition
H. Fail to properly remove and dispose of animal feces from all animal
enclosures and water.
I. To keen horses cattle or other livestock in a manner inconsistent with
recognized livestock husbandry practices
2. Any enclosure used as a primary means of confinement for a dog must meet the
definition of proper enclosure as stated in Section Elevens of this Ordinance. It shall be
unlawful for a responsible parry to tether a dog while outdoors, except when all of the following
conditions are met. This section shall not apply to the transportation of dogs:
A. The dog is in visual range of the responsible party, and the responsible
party is located outside with the dog.
B. The tether is connected to the dog by a buckle -type collar or a body
harness made of nylon or leather, not less than one inch in width.
C. The tether has the following properties: It is at least five times the length
of the dog's body, as measured from the tip of the nose to the base of the tail; it terminates at
both ends with a swivel; it does not weigh more than '/8 of the dog's weight; and it is free of
tangles.
D. The dog is tethered in such a manner as to prevent injury, strangulation, or
entanglement.
E. The dog is not outside during a period of extreme weather, including
without limitation extreme heat or near- freezing temperatures, thunderstorms, tornadoes, tropical
storms, or hurricanes.
F. The dog has access to water, shelter, and dry ground.
G. The dog is at least six months of age. Puppies Dogs under six (6) month of
age shall not be tethered.
H. The dog is not sick or injured.
I Pulley, running line, or trolley systems are at least 15 feet in length and are
less than 7 feet above the ground.
J. If there are multiple dogs, each dog is tethered separately.
3 Any enclosure used as the primary confinement of cats shall provide the
following conditions:
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A Cats must be provided access to a receptacle containing sufficient clean
^
litter for excreta and body wastes.
B Cats must be provided solid resting surface(s) that are large enough to
hold all cats comfortably.
-34. The Director shall impound or make the subject of an order to provide care any
animal found to be cruelly treated as defined in this Ordinance or under Florida Law, as outlined
in §828.073, Florida Statutes.
45. Whoever violates any provision of this section shall forfeit his right to license an
animal in the County for one year in addition to any other penalty provided by this Ordinance or
otherwise by law. Any ownership of such animal without benefit of a license shall be deemed an
additional violation of this Ordinance.
SECTION TEN ELEVEN: Dangerous Dogs; Definitions and Procedures.
1. Definitions.
A. Dangerous er— vieietff-dog means any dog that according to the records of
the appropriate authority:
(1) Has aggressively bitten, attacked, or endangered or has inflicted severe
injury on a human being on public or private property;
(2) Has more than once severely injured or killed a domestic animal while off
the owner's property;
(33) Has been used ,«ly a+t for- the pufpese of .7 f L. +;.., e« ; ,
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(4) (3) Has, when unprovoked, chased or approached a person upon the streets, ^
sidewalks, or any public grounds in a menacing fashion or apparent attitude of
attack, provided that such actions are attested to in a sworn statement by one or
more persons and dutifully investigated by the appropriate authority.
B. Unprovoked means that the victim who has been conducting himself or
herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a
dog.
C. Severe injury means any physical injury that results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
D. Investigation is conducted by animal services. Animal services must
interview the dog's owner when possible and may require a sworn affidavit from any person
desiring to have a dog classified as dangerous.
E. Proper enclosure means that, while on the owner's property, the dog can
be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to
prevent the entry of young children and designed to prevent the animal from escaping. Such a
pen or structure shall be structurally sound, made of materials impervious to moisture, have
secure sides and a secure top to prevent the dog from escaping over, under, or through the
structure, and shall also provide protection from injury and the elements. The square footage of a
proper enclosure used as a primary means of confinement for a dog must be equal to or greater
than the length of the animal from the tip of the nose to the base of the tail, doubled, then
squared, and divided by 144. For example, a dog measuring 30 inches from the tip of the nose to
the base of the tail will require a 25- square -foot enclosure (30 X 2 = 60; 60 X 60 = 3,600;
^
13
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12/11/2012 Item 11.G.
3,600/144 = 25). The height of the enclosure shall be equal to or greater than the length of the
animal from the tip of the nose to the base of the tail multiplied by 1.5.
2. Procedure.
A. The Director shall investigate reported incidents involving any dog that
may be dangerous and shall if possible interview the owner and require a sworn affidavit from
any person, including any animal control officer or enforcement officer desiring to have a dog
classified as dangerous. Any animal that is the subject of a dangerous dog investigation and is
not impounded with animal services shall be humanely and safely confined by the owner in a
securely fenced or enclosed area pending the outcome of the investigation and resolution of any
hearings related to the dangerous dog classification The address of where the animal resides
shall be provided to animal services No dog that is the subject of a dangerous dog investigation
may be relocated or ownership transferred pending the outcome of an investigation or any
hearings related to the determination of a dangerous dog classification In the event that a dog is
to be destroyed, the dog shall not be relocated or ownership transferred
B. Animal services may impound any dog under investigation if the owner is
unable or unwilling to securely confine the dog. during the investigation Upon written notice
from animal services, the owner must allow access to the dog for the pumoses of impoundment
If the dog is impounded during this time the owner is responsible for all costs related to
impoundment unless the owner ultimately prevails and the dog is not declared dangerous.
C. A dog shall not be declared dangerous if the threat iniury or damage was
sustained by a person who, at the time was unlawfully on the property or, while lawfully on the
property, was tormenting, abusing or assaulting the dog or its owner or a family member. No
dog may be declared dangerous if the dog was protecting or defending a human being within the
immediate vicinity of the dog from an unjustified attack or assault
D. If the Director, or his or her designee, makes an initial determination that a
dog is dangerous, based on the initial investigation, the County shall provide written notification
of that determination to the owner of the dog. Notice shall be by certified mail, by certified hand
delivery, by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida Statute. The
Director's initial determination shall automatically become final unless the dog's owner, within
seven calendar days after receipt of the notice, files a written request for a hearing to challenge
the Director's initial determination. The written request must be submitted to animal services. If
the dog's owner files a timely written request for a challenge hearing, the effective date of the
determination shall be the date of the final decision of the Special Magistrate.
E. Any owner of a dog that is initially declared dangerous by the Director
may appeal that decision to the Code Enforcement Special Magistrate. This hearing shall be held
as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of
request from the owner. The hearing may only be continued by agreement of both parties.
& F. If the Special Magistrate's determination is to uphold the dangerous dog
classification, animal services shall provide written notification to the owner as required in
subseetie "b " above. The dog owner may file a written request for a hearing in county court
to appeal the classification within ten (10) business days after receiving notice. This request for
hearing must be filed with the county court, and a copy provided to animal services within the
time provided. Any such appeal shall not be a hearing de novo, but shall be limited to appellate
^ review of the record created before the Special Magistrate.
14
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12/11/2012 Item 11.G.
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3. Registration of dangerous dog and fees.
A. Registration of dangerous dog. Not later than 14 calendar days after the
final effective date, as specified above, that the dog is determined to be a dangerous dog, the
dog's owner must file a complete written standard form application with animal services to be
issued a certificate of registration for the dangerous dog. The application/administration fee for
each certificate shall be $300.00 annually. A complete application for the initial certificate of
registration shall include: (i) the filing fee and late fees, if any; (ii) a color photograph of dog and
a signed acknowledgement form that the dog will be identified by name and address on the
Collier County Animal Services website; (iii) a receipt or other written proof that the dog has
been permanently identified (via tattoo or microchip); (iv) a current certificate of vaccination for
the dog; and (v) a receipt or other written proof that the dog has been spayed or neutered by a
licensed veterinarian. If there is a medical or other reason that the dog cannot be spayed or ^
neutered, the owner will provide the reason in writing signed by a Collier County licensed
veterinarian.
B. Within ten days of receipt of a complete application, animal services will
make a site visit to ensure provision of a proper enclosure, and posting of the premises with a
clearly visible warning sign at all entry points that informs both children and adults of the
presence of a dangerous dog on the property. Animal services will provide the required signs.
Upon completion of a successful site visit, animal services will issue the requested initial
certificate. The duration of each certificate is 365 days. There shall be a late fee of $10.00 per
day, for each day that the certificate is not issued.
C. Annual renewal of certificate of registration. A standard renewal
application must be filed annually at least ten calendar days prior to the date that the respective
certificate is to expire. A complete application for a renewal certificate shall include the $300.00
renewal/administrative fee, a then current color photograph of each dangerous dog sign posted at
the premises where the dangerous dog resides, and a current certificate of vaccination.
D. Failure to re- register. There shall be a late fee of $10.00 for each day that a
complete renewal application is not filed. Animal services may impound any dog whose owner
has: (i) filed to re -apply for registration 30 days past the expiration of the certification; or (ii)
failed to successfully complete re- registration 45 days past the expiration of the certification.
Upon written notice from animal services, the owner must allow access to the dog for the
purposes of impoundment. The owner is responsible for all costs related to impoundment.
Failure to successfully re- register the dog after 30 days of impoundment will result in forfeiture
^
15
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12/11/2012 Item 11.G.
of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane
manner, at the expense of the owner.
4. Subsequent handling of dangerous dogs.
A. The owner shall immediately notify animal services when a dog that has
been classified as dangerous:
(1) Is loose or unconfined;
(2) Has bitten a human being or attacked another animal; and/or
(3) Is sold, given away, or dies.
Prior to a dangerous dog being sold or given away, the owner shall provide the name,
address, and telephone number of the new owner to animal services. The new owner must
comply with all the requirements of this Ordinance. The owner is required to notify the
appropriate animal services authority if the dog is moved out of jurisdiction.
B. It is unlawful for the owner of a dangerous dog to permit the dog to be
outside a proper enclosure unless the dog is muzzled and restrained by a suitable leash of
dependable strength and under the control of a competent person. Unless prohibited by the dog's
physical make -up, as in brachycephalic breeds, the muzzle must be of a cage -style that will not
interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it from
biting a person or animal The owner may exercise the dog in a securely fenced or enclosed area
that does not have a top, without a muzzle or a leash, if the dog remains within his or her sight
and only members of the immediate household or person 18 years of age or older are allowed in
the enclosure when the dog is present. When being transported, such dogs must be safely and
securely restrained within a vehicle.
C. Huntina doas are exempt from the provisions of this act when engaged in
any legal hunt or training procedure Dogs engaged in training or exhibiting in legal sports such
as obedience trials, conformation shows field trials hunting /retrieving trials and herding trials
are exempt from the provisions of this act when engaged in any legal procedures However, such
dogs at all other times in all other respects shall be subject to this and local laws Dogs that have
been classified as dangerous shall not be used for hunting purposes.
D. This section does not apply to dogs used by law enforcement officials for
law enforcement work.
5. Attack or bite by dangerous dog.
A. If a dog that has previously been declared dangerous attacks or bites a
person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the
first degree, punishable as provided in F.S. ch. 775, and subject to imposition of a fine not to
exceed $500.00. In addition, the dangerous dog shall be immediately confiscated by animal
services, placed in quarantine, if necessary, for the proper length of time, or impounded and held
for ten business days after the owner is given proper written notification, and thereafter
destroyed in an expeditious and humane manner. This ten -day time period shall allow the owner
to request a hearing as outlined above in this section. The owner shall be responsible for payment
of all boarding costs and other fees as may be required to humanely and safely keep the animal
during any appeal procedure.
B. If a dog that has not been declared dangerous attacks and causes severe
injury to or death of any human, the dog shall be immediately confiscated by animal services,
16
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12/1112012 Item 11.G.
placed in quarantine, if necessary, for the proper length of time or held for ten business days after
the owner is given proper written notification, and thereafter destroyed in an expeditious and
humane manner. This ten -day time period shall allow the owner to request a hearing under this
Ordinance, above. The owner shall be responsible for payment of all boarding costs and other
fees as may be required to humanely and safely keep the animal during any appeal procedure. In
addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet
demonstrated a reckless disregard for such propensities under the circumstances, the owner of
the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. ch. 775,
and subject to imposition of a fine not to exceed $500.00.
C. If a dog that has previously been declared dangerous attacks and causes
severe injury to or death of any human, the owner is guilty of a felony of the third degree,
punishable as provided in F.S. ch. 775. In addition, the dog shall be immediately confiscated by
animal services, placed in quarantine, if necessary, for the proper length of time or held for ten
business days after the owner is given proper written notification, and thereafter destroyed in an
expeditious and humane manner. This ten day time period shall allow the owner to request a
hearing under this section. The owner shall be responsible for payment of all boarding costs and
other fees as may be required to humanely and safely keep the animal during any appeal
procedure.
D. If the owner files a written appeal under this section, the dog must be held
and may not be destroyed while the appeal is pending.
E. If a dog attacks or bites a person who is engaged in or attempting to
engage in a criminal activity at the time of the attack, the owner is not guilty of any crime
specified under this section.
6. Violations.
A. Failure to comply with any provision of this section may result in a fine
not to exceed $500.00 and impoundment of the subject dog. Upon written notice from animal
services, the owner must allow access to the dog for the purposes of impoundment. The owner is
responsible for all costs related to impoundment.
B. Failure to cure any violation of this section within 30 days of
impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal
services may dispose of such an impounded dog, in a humane manner at the expense of the
owner.
C. Upon second occurrence of a violation of this section, failure to cure
within ten days of impoundment of the subject dog will result in forfeiture of ownership of the
dog. Animal services may dispose of such an impounded dog, in a humane manner at the
expense of the owner.
SECTION TWELVE: Standards of Care.
1. The following_ provisions are limited to animal- related businesses, animal- related
organizations. commercial breeders, non - commercial breeders, and rodeos.
2. The Director is hereby granted authority to recommend Standards of Care for
animal- related businesses animal - related organizations, commercial breeders, non - commercial
breeders and rodeos for approval by the Board of County Commissioners. Standards of Care
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12/11/2012 Item 11.G.
shall be approved by ordinance of the Board and then codified in the Collier County
Administrative Code. As set forth below, a violation of an approved Standard of Care shall be
deemed to be a violation of this Ordinance
3. The owner or operator of any animal- related business animal related
organization, commercial breeder, non - commercial breeder, or rodeo shall properly feed and care
for each animal in their custodv or control and otherwise meet all relevant Standards of Care
4. The Director shall inspect the premises of any animal- related business and anv
animal- related organization on an annual basis The Director shall inspect the premises of any
rodeo prior to or within twenty -four (24) hours of the commencement of that event The Director
will inspect the premises of anv breeder on a guarterly basis Routine inspections of businesses
or organizations, or breeders located in a premises used primarily as a residence will be noticed a
minimum of twenty -four (24) hours in advance No duty to notify exists should animal services
receive a complaint alleging a violation of this Ordinance
5. Refusal to allow the Director to inspect any premises animal or records
associated with any animal- related business organization or rodeo or any breeding operation
shall constitute a violation of this Ordinance
6. Should the inspection reveal a violation of this Ordinance or the relevant
Standards of Care, a Notice to Comply will be issued The Notice to Comply shall specify the
violation and shall contain a time period not to exceed 15 days to enable the violator to come into
n compliance. The premises shall be re- inspected promptly following the time period specified by
the Notice to Comply. Failure to correct the violation shall result in the issuance of a citation
n
7. Every person who owns or operates an animal - related business or animal related
organization shall obtain a permit from the Director. A fee will be charged for the permit Permit
fees shall be established and revised by resolutions of the Board of County Commissioners The
Director shall issue an animal- related business or organization permit after receipt of this fee and
inspection of the business or organization premises if he determines that the premises meet all
established_ standards and regulations The permit shall be displayed within the licensed premises
at a place where it is clearly visible to the public An animal- related business or organization
permit is valid for one (1) calendar year and must be renewed annualy. Renewal applications
must be made thirty (30) days prior to expiration of the permit Permits are not transferable or
refundable.
8. Every person or organization who sponsors or operates a rodeo shall at least
thirty (30) days prior to the date of the event make application to the Director for a permit to
operate. The fee for such application and permit shall be established and revised by resolutions
of the Board of County Commissioners The Director shall issue a rodeo permit after receipt of
this fee and inspection of the event premises if he determines that the event will meet the
established Standards of Care. That permit shall be displayed at the event at a place where it is
clearly visible to the public.
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12/11/2012 Item 11.G.
9. Commercial and non - commercial breeders must obtain the applicable breeder
permit from the Director. A fee will be charged for the permit. Permit fees shall be established
and revised by resolutions of the Board of County Commissioners. The Director shall issue the
applicable breeder permit after receipt of this fee and inspection of the breeder's premises if he
determines that the breeder meets the established Standards of Care. A breeder permit is valid for
one (1) calendar year and must be renewed annually. Renewal applications must be made thirty
(30) days prior to expiration of the permit Permits are not transferable or refundable. Failure to
obtain a permit prior to operating as a breeder shall constitute a violation of this Ordinance.
10. The Director shall have the authority to deny, suspend or revoke a permit, as
issued under this Section. The Director shall notify the permit holder of the denial, suspension,
or revocation of the permit in writing. AU person who has been denied a permit or whose
permit has been revoked or suspended may appeal this action in a court of competent jurisdiction
within thirty calendar days from the date of notice.
11. Animal- related organizations in good standing with animal services as
contemplated herein and rescue organizations qualified to adopt animals from animal services
that are housing cats and dogs in foster or sanctuary settings as an alternative to humane
euthanasia may acquire a blanket license for all cats and dogs housed when registering the
animals housed on the premises.
SECTION ELEVEN THIRTEEN: Penalties.
1. For any violation or alleged violation of this Ordinance, the Director, deputy
sheriff, municipal police officer, or other enforcement officer empowered to enforce this
Ordinance, may issue to the owner of (or to the person in custody of) the animal a written
warning statement.
2. For an initial violation of Section Seven Eight; Section Ten, Subsection 2: Section
Eleven and Section Twelve of this Ordinance, the Director, deputy sheriff, municipal police
officer, or other enforcement officer empowered to enforce this Ordinance, may issue to the
owner of (or to the person in custody of) the animal a vffi4en waFFAng stateffief4-Notice to
Comply under which the recipient must come into compliance within seve fifteen days of
receipt. Failure to comply may result in issuance of a citation.
3. For any violation of Section E4& Nine of this Ordinance, the Director, deputy
sheriff, municipal. police officer, or other enforcement officer empowered to enforce this
Ordinance, may issue to the owner of (or to the person in custody of) such animal a notice of
violation, A fine of $25.00 is to be paid to animal services within 72 hours, excluding Saturdays,
Sundays and legal holidays. If the notice of violation fine is not paid within the prescribed time,
a citation may be issued.
4. A violation of this Ordinance is a civil infraction as provided in F.S. § 828.27. For
any violation of this Ordinance, the Director, deputy sheriff, municipal police officer, or other
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12/11/2012 Item 11.G.
110� enforcement officer empowered to enforce this Ordinance, may issue to the owner of (or to the
person in custody of) such animal a citation.
A. A citation issued by an animal control enforcement officer under the
provisions of this section shall be in a form prescribed by the board. Such citation shall contain
all known information required by F.S. § 828.27, including the date and time of issuance of the
citation; name and address of the person in violation; the date of the violation; description of the
animal involved; the section or sections of this Ordinance, or subsequent amendments, violated;
the facts constituting probable cause; name and authority of the citing enforcement officer; also
the procedure for the person to follow in order to pay the civil penalty, to contest the citation, or
to appear before the special magistrate when a mandatory appearance is required as specified in
the citation or when scheduled by the code enforcement department, in which case there is no
option but to appear before the special magistrate; the applicable civil penalty if the person elects
not to contest the citation and the applicable civil penalty if the person elects to contest the
citation; also a conspicuous statement of the effect of failure to promptly pay the fine or appear
before the special magistrate or in court. Subject to the limitations now or hereafter specified in
F.S. § 828.27, a mandatory special magistrate or court appearance may be required by the issuing
officer. Mandatory appearances before a special magistrate may also be ordered by the special
magistrate as specified in this section, or as otherwise within the special magistrate's authority.
B. Upon conviction of any civil infraction, the violator shall be punished by a
fine not to exceed $500.00 in the discretion of the court or special magistrate, as applicable. Each
day of the violation or noncompliance as to each animal shall be considered as a separate and
distinct offense. In addition, any person convicted under any provisions of this Ordinance shall
pay all costs and expenses involved in the case.
C. Each violator shall be required to pay an administrative surcharge of
$5.00, plus a $2.00 surcharge to pay the costs of the 40 -hour minimum standards training course
for animal control enforcement officers for each cited violation.
D. Each person or entity that commits one or more civil infraction(s) under
this Ordinance, but does not contest the citation, shall pay a fine for each such separate offense
as follows:
(1) Nonaggravated violations. Fines for an uncontested citation fore€
violation of any provision of this Ordinance, except any aggravated violation described in
subseetief b--, below and as defined above, are as follows:
(a) First citation: $100.00 for each first offense.
(b) Second citation: $200.00 for each second offense.
(c) Third (or more) citation: $300.00 for each such offense if a
mandatory appearance is not required by the animal control
enforcement officer named on the citation. If a mandatory
appearance is required by the animal control enforcement officer
named on the citation, the recommended fine should be more than
$350.00, but not more than $500.00. The amount of the fine(s)
shall be as determined by the special magistrate or other trier of
fact. A mandatory appearance shall be required for each third and
each subsequent citation if the violator has not at the time of
issuance of the citation paid all fines and all surcharges for all prior
citations.
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12/11/2012 Item 11.G.
(2) Aggravated violations. A violation of Section Twelve Fourteen,
Subsection 4; Section FigM -Nine, Subsection 1, Sub - subsections (I) and (J); or Section
Ten, Subsection 1 shall be considered an aggravated violation. For each uncontested
aggravated violation, the fines and appearance obligations are as follows:
(a) First citation: $250.00 for each first aggravated violation.
(b) Second citation: $350.00 for each second aggravated
violation and a mandatory appearance before the Special
Magistrate.
(c) Third (or more) citation (s): A mandatory appearance and a
recommended fine of more than $400.00 but not more than
$500.00 for each such aggravated violation. The amount of such
fines shall be determined by the Special Magistrate or other trier of
fact.
E Animal services may authorize and establish an educational program aimed
at teaching responsible pet ownership When such a program becomes available anv person who
receives a citation may elect to attend in lieu of payment The person cited shall be responsible
for any cost associated with attending the course The person cited must register and pay for the
course within twenty (20) days of receipt of the citation. Registration and payment for the course
constitutes admission of the violation and in so doing the person waives his or her right to
contest the violation to the Special Magistrate. The course must be successfully completed within
nin= (90) days of receipt of the citation Upon completion of the course the civil penalty will
be waived; however, a person may not make an election under this subsection if the person has
successfully completed this course within the preceding twelve (12) months or if the citation
requires a mandatory appearance before the special magistrate. A person may make no more than
two (2) elections under this subsection Successful completion of the course does not constitute
dismissal of the violation as a first (or subsequent) offense.
E F. A person who is required to appear does not have the option of paying the
fine instead of appearing before the Special Magistrate.
F G. A citation that is dismissed by the county, or by the Special Magistrate or
by other trier of fact, shall not count as a prior citation for the purpose of determining the number
of prior citations issued to that violator.
G H. The violator's failure to pay the fine, and /or to timely request a hearing
before the Special Magistrate may result in an admission of guilt. The code enforcement
department shall give notice to the violator that a hearing will be conducted concerning the
alleged violation(s) and /or unpaid fines. The notice shall be in similar form to that described in
the Collier County Code Enforcement Special Magistrate Ordinance and state the time and place
of the hearing, as well as the violation(s) which are alleged to exist and/or the accruing fine
amount, if applicable. The Special Magistrate's findings shall be reduced to writing and recorded
in the official records.
141. Notwithstanding anything in this Ordinance, the individual who issues the
citation or other pleading may require a mandatory appearance if a mandatory appearance is in
that instance authorized by law.
I J. If the named violator is properly noticed of the hearing and fails to appear,
the Special Magistrate may hear the citation and impose any penalties allowed by this Ordinance.
3 K. The named violator or the county may seek to overturn a final order of the
Special Magistrate by making application to the county court for a trial de novo on the merits.
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12/11/2012 Item 11.G.
Such application must be filed within 30 calendar days from the rendition of the order sought to
n be overturned. A violator will have the right to a de novo
g proceeding provided that all
administrative remedies have been exhausted. Failure to make such application within the
required time period will render the findings and order of the Special Magistrate conclusive,
binding, and final. All findings of the Special Magistrate will be evidence at any de novo
proceeding held pursuant to this subsection.
K L. If the named violator or the animal control enforcement officer fails to
appear in court the court may issue an order to show cause. Such order shall require such persons
to appear before the court to explain why action on the citation has not been taken or the court
may render a civil judgment up to $500.00. If any person who is issued an order to show cause
fails to appear in response to the court's directive, that person may be held in contempt of court.
L M. If any penalty provision specified by F.S. § 828.86 is amended, such
amended penalty provisions shall apply to this Ordinance without further action by the board of
county commissioners.
N. The County may institute proceedings in a court of competent jurisdiction to
compel payment of any civil penalty. If a person fails to pay the civil penalty or fails to appear
in court as mgy be required, then the court may issue an order to show cause upon the re uq est of
animal services. The person shall be required by the court to appear before the court to explain
why action on the citation has not been taken If any person who is issued such order fails to
appear in response to the court's directive the person may be held in contempt of court
N O. Nothing herein contained shall prevent or restrict the county from taking
such other lawful action in any court of competent jurisdiction as is necessary to prevent or
remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be
limited to, an equitable action for injunctive relief and an action at law for damages.
5. Penalty Schedule. The following Penalty Schedule is meant as a summary of the
penalties set forth above. Should this chart .conflict with the penalty provisions set forth above
the penalty provisions shall control.
Violation of
First Offense
Second Offense
Third or Subsequent
Offense
Section Eight:
Notice to Comply,
Citation: $200
Citation: $300
Requirement to
with a $100 citation
license and vaccinate
issued if not in
compliance in 15
days
Section Nine:
Notice of Violation.
Citation: $200
Citation: $300
General Violations
with a $100 citation
issued if $25
discounted fine not
paid in 72 hours
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12/11/2012 Item 11.G.
Section Nine,
Notice of Violation
Aggravated Citation:
Aggravated Citation,
$350 with mandatory
Subsection 1 (I) and
with a $250
Aggravated Citation
with mandatory
appearance: $400 -
th
appearance.
issued if $25
500, as set by the
discounted fine not
special magistrate.
paid within 72 hours
Section Ten
Aggravated Citation:
Aggravated Citation:
Aggravated Citation,
$250
$350 with mandatory
with mandatory
Subsection 1:
appearance.
Animal Cruelty
appearance: $400-
500, as set by the
special magistrate.
Section Ten,
Notice to Comply,
Citation: $200
Aggravated Citation:
Subsection 2:
with a $100 citation
$350.
Tethering
issued if not in
compliance in 15
days
Section Eleven:
Notice to Comply_
Citation: $200
Citation: $300
Dangerous Dog
with a $100 citation
issued if not in
compliance in 15
days
Section Twelve:
Notice to Comply
Citation: $200
Citation: $300
Standards of Care
with a $100 citation
issued if not in
compliance upon re-
inspection.
Any item not
Citation: $100
Citation: $200
Citation: $300
specified above
SECTION TMAWLAZE FOURTEEN: Disposition of Impounded Animals.
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12/11/2012 Item 11.G.
1. Impounded animals not suspected of having an infectious or contagious disease
shall be held for a minimum of five full days (120 hours) to provide time for the animal's owner
to notify staff of intent to recover the animal. The Director or designee shall make at least three
attempts to contact the owner of an impounded animal, if the owner's identity is known or easily
ascertained, before the animal's humane disposition. Dogs, cats, and other animals not claimed
within the five -day period, may be adopted, or may be euthanized by any method specified in
F.S. § 828.058.
2. Animals shall be released to owners on presentation of proof of ownership and
payment of costs and fees.
A. Fees.
(1) Fees related to impoundments may include, but are not limited to;
impoundment fees, advertising fees for impounded livestock, laboratory
and veterinarian fees, transportation fees, and daily board.
(2) Fees are established and revised by resolutions adopted by the
board of county commissioners.
B. Microchipping.
(1) A�aifaa4s Dogs and Cats that have been impounded shall be
microchipped by animal services' staff at the owner's expense prior to
being released to the owner. Microchipping shall be required based on the
first impoundment.
(2) Animals that are already microchipped when impounded, must
have the information on the microchip recorded by animal services. The
information must be accurate and current. If the information is not current,
n the owner must come into compliance with this section prior to having the
animal released.
(3) At the discretion of the Director, , the animal
may be released to the owner if the owner signs a sworn statement
representing that the animal will . be implanted with a microchip by a
licensed veterinarian. The owner will be required to submit a statement
within ten days, signed by a licensed veterinarian, confirming that the
animal has been so implanted and provide the microchip number to animal
services. No microchipping is required if a licensed veterinarian certifies
in writing that microchipping would endanger the animal's health.
C. Mandatory spay /neuter.
(1) AftimaIsDogs and cats that have been impounded shall be
spayed/neutered at the owner's expense prior to being released to the
owner. Spay /neuter shall be required based on first impoundment.
(2) At the discretion of the Directors, , the animal
may be released to the owner if the owner signs a sworn statement
representing that the animal will be spayed /neutered by a licensed
veterinarian. The owner will be required to submit a statement within ten
days, signed by a licensed veterinarian, confirming that the animal has
been so sterilized. No spay /neuter is required if a licensed veterinarian
certifies in writing that the surgery would endanger the animal's health or
if a licensed veterinarian with whom the pet owner has a previously_
established doctor - patient- client relationship certifies in writing that the
24
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12/11/2012 Item 11.G.
animal is of appropriate health conformation, and temperament to be
bred Such certification is to be made on a sworn statement provided by
the County The owner of the animal will also certify on a sworn statement
to be provided by the County that he or she will comply with the
provisions of this Ordinance or all laws and ordinances governing the
regulation of breeders. the animal is a breeding mimal in good heaM
stmdiag or- the swgei-y weuld endanger- the animal's heal
3. Animals not claimed within a five -day period may be adopted, subject to the
provisions below:
A. Adoption fees are established and revised by resolutions adopted by the
board of county commissioners.
B. A portion of each adoption fee for a dog or cat will be deposited in the
county neuter /spay trust fund for the purpose of funding the county's neuter /spay program. The
amount to be deposited is established and revised by resolutions adopted by the board of county
commissioners.
C. Administration of the neuter /spay program shall remain under the control
of the Director. Accounting for the disbursement of the neuter /spay fees shall be in accordance
with procedures of the county's finance department.
D. Dogs and cats that are adopted shall be microchipped by animal services'
staff at the adopter's expense prior to being released to the adopter.
E. Dogs and cats that are adopted shall be spayed /neutered by animal
services' veterinarian or a licensed veterinarian contracted by animal services prior to being
released to the adopter.
F. If a dog or cat adopted from animal services is not sterilized prior to ^
placement in the adopter's home, the adopter shall have the animal sterilized by a licensed
veterinarian within 30 days of the adoption or prior to the animal's sexual maturity. The adopter
shall enter into a written agreement with the county guaranteeing such sterilization. If the
subsequent sterilization is not performed by animal services' veterinarian or a licensed
veterinarian contracted by animal services, the adopter shall be responsible for the expense.
Assumption of financial responsibility does not relieve the adopter of the requirement to provide
written proof of sterilization within the specified time limit.
4. No person, or on behalf of any other person or entity whatsoever, shall acquire or
attempt to acquire actual or constructive possession of any animal for any use in research,
testing, animal fighting, or animal sacrifice, from the actual or constructive possession of any
county animal services center, or from any person or entity operating or controlling any animal
custody facility, pound, or animal shelter that is then leased from the county by a lease that
prohibits such use, or is then under a contract with the county which contract prohibits such use.
Such use includes the immediate or eventual sale, transfer, gift, trade, donation, delivery, or any
other provision of any animal for use in research, testing, and /or animal sacrifice. No employee,
volunteer, worker, agent or other representative of any such entity shall knowingly release from
the actual or constructive possession of any such entity, any animal for any such known or
suspected use.
5. Failure to comply with the requirements of section shall be a violation of this
Ordinance and punishable as provided in Section Eleveti Thirteen.
SECTION T-MR-TEEN., Kennel, Pet Shop, Stable and Rodeo Permits.
25
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12/11/2012 Item 11.G.
SECTION FIFTEEN: Wild Animals.
It shall be unlawful for any person to maintain or keep a wild animal except:
1. Owners licensed by the State Fish and Wildlife Conservation Commission and
confined to the owner's premises in a cage or enclosure.
2. A wild animal for exhibition purposes maintained by a licensed circus, zoo,
attraction or educational institution.
SECTION SIXTEEN: Psittacine birds.
26
Words Underlined ar T4eugh are deleted.
Packet Page -1853-
eperete. The
fee
fer- sueh
applie-Atiff
be
SECTION L'OURT
-EEN
Maintenanee
Pet
shall
Shops,
established and
Kennels,
revised
by r-eselutiei+-,
a The eA
%er
er eperater-
Animals,
-ef-a
of
and
shep, keiin°>
�i
.
Stables,
-ete.
—
Care -o
bef di ag or
keeping
aniffia4s
shall
pet
1 feed
ether-
plaee
.f b us ies -vf
eepAfal.
- mid-
-eaf
eb animal
in
his eus edy -eF
shop, stable,
or- ether-
sueh
business dia-r-i-D-=Q,
plaee ef
Ohe
[aQ*Ejb1ishffle4s
business
hetffs.
Failwe te
stable, er- other-
sueh
ef business
fails
> pet shep-,
standards.
4. The pfemises
plaee
shall be
r-einspeeted
te eei:aply
v��
five days
�he abeve ffieff6eiied
a
wit-4in
aftef issue ef
a Netiee
of viela&R-.
and in additien,
is
.
b
SECTION FIFTEEN: Wild Animals.
It shall be unlawful for any person to maintain or keep a wild animal except:
1. Owners licensed by the State Fish and Wildlife Conservation Commission and
confined to the owner's premises in a cage or enclosure.
2. A wild animal for exhibition purposes maintained by a licensed circus, zoo,
attraction or educational institution.
SECTION SIXTEEN: Psittacine birds.
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Packet Page -1853-
12/11/2012 Item 11.G.
1. A Psittacine bird known to be infected with the Psittacosis virus, or to have been
associated with a bird known to be infected, shall be quarantined until released by the health
officer. No bird shall be removed from where an infected bird is found until the quarantine is
lifted.
2. When human contamination is traced to an aviary a reasonable number of birds
will be confiscated for virus examination.
3. Infected birds shall be killed and their bodies immersed in two percent Creosol
and burned before the feathers are dry if the bodies are not shipped for laboratory examination.
Shipment for laboratory examination shall be made in accordance with instructions by the health
officer.
SECTION SEVENTEEN: Feral Cats.
1. Feral cat colonies shall be permitted when registered with an agency contracted
with Collier County to manage a trap- neuter -return program.
2. Feral cat colonies shall be managed in compliance with the terms and conditions
of such a contract.
3. In the event animal services receives a complaint of an alleged violation of
Section - -Ten of this Ordinance, the agency contracted with Collier County to manage a
trap- neuter -return program shall be given 15 days to remedy said violation. Thereafter, all
normal provisions of this Ordinance apply.
4. For the purposes of enforcement of this Ordinance, a feral cat's caregiver shall be
considered its owner.
SECTION EIGHTEEN: Repeal of Ordinance No. 2008 -51, as amended.
Upon adoption of this Ordinance, Ordinance No. 2008 -51, as amended, is hereby
repealed and replaced in its entirety.
SECTION NINEEEN: Conflict and Severability.
In the event 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 the Ordinance is 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.
SECTION TWENTY: 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 the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION TWENTY ONE: Effective Date.
27
Words Underlined ar '' "' '_ - Pffeugh are deleted.
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12/11/2012 Item 11. G.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ME
28
, CHAIRMAN
Words Underlined ar "' -' ^ - ' Thfough are deleted.
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