Agenda 06/12/2018 Item #16D1506/12/2018
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise and bring back for consideration
at a future meeting, an ordinance amending Ordinance No. 2013-33, the Collier County Animal
Control Ordinance.
OBJECTIVE: To amend the Collier County Animal Control Ordinance to implement recommendations
from the Maddie’s Shelter Medicine Program at the University of Florida Shelter Consultation Report and
recommendations made by the Animal Services Advisory Board.
CONSIDERATIONS: On May 14th, 2014, the Board of County Commissioners (Board) approved
Ordinance No. 2013-33, whicsh repealed and replaced the County’s prior Animal Control Ordinance.
Since that time, several recommendations have been made to amend Ordinance No. 2013-33.
First, on October 13, 2015, the Board accepted the Domestic Animal Services (DAS) Consultation
Summary prepared by Maddie’s Shelter Medicine Program at the University of Florida. The consultation
report recommended amending the Collier County Animal Control Ordinance to eliminate mandatory
hold times for puppies, kittens, and adult cats without identification and eliminate the Memorandum of
Understanding for the third-party Trap-Neuter-Return Program to institute a Trap-Neuter-Vaccinate-
Return Program through the Division. In 2016, the Florida Legislature amended portions of Chapter 767,
Florida Statutes, regarding dangerous dogs, necessitating an update to the County’s dangerous dog laws.
On November 21, 2017, the Animal Services Advisory Board voted to recommend changes to the
regulations for breeders and inhumane treatment of animals.
The proposed Ordinance incorporates the necessary and recommended changes above, and updates the
Division’s current operations to be comparable to other county and municipal animal control agencies.
These additional changes include responding to complaints about deceased animals, animals hit by cars,
found stray animals, voluntary surrender of animals by their owners, and quarantine procedures. The
proposed Ordinance also reorganizes existing language, in its entirety, to more appropriate sections of the
ordinance, while adjusting penalties to be harmonious with the current, approved penalty schedule.
The following is a high-level summary of the proposed changes to the ordinance:
Update definitions to make them more consistent with industry standards.
Change Non-Commercial Breeder to Hobby Breeder and changed to include unintentional breeding.
Modify the name of the Collier County License to the County rabies/license tag and making minor
modifications to the rabies vaccination section to comply with State Statute 828.30.
Modify our quarantine provisions/process to be more consistent with other public shelter operations
in Florida. This also includes charging fees to owners for quarantine and inspections.
Add a section regarding found strays and the process of legally owning/harboring a stray animal
which is considered property under Florida State Statute.
Create a Standards of Care - Manner of Keeping section at the recommendation of the Animal
Services Advisory Board.
Change the Dangerous Dog Ordinance to refer to and mirror the State Statute.
Add language regarding cruelty to animals at the recommendation of the Animal Services Advisory
Board.
Eliminate mandatory stray holding times for puppies, kittens, and unidentified cats at the
recommendation of the University of Florida (2015 shelter assessment study).
Implement a Trap-Neuter-Vaccinate-Return program at the recommendation of the University of
Florida.
Add section regarding Livestock.
ADVISORY BOARD RECOMMENDATION: On May 22, 2018, the Animal Services Advisory Board
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voted 5-1 in favor of the proposed changes and recommending an Ordinance incorporating those changes
to be considered by the Board.
FISCAL IMPACT: The proposed changes to the ordinance are expected to increase the 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, proposed fees for quarantine, and issuance of a three (3) year Rabies/License Tag.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for approval. - ERP
RECOMMENDATION: To authorize the County Attorney to advertise and bring back for
consideration, at a future meeting, an ordinance amending Ordinance No. 2013-33, the Collier County
Animal Control Ordinance.
Prepared By: Darcy Andrade, Division Director, Domestic Animal Services Division
ATTACHMENT(S)
1. DRAFT Animal Control Ordinance amendment 53018 (DOCX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.15
Doc ID: 5776
Item Summary: Recommendation to authorize the County Attorney to advertise and bring back
for consideration at a future meeting, an ordinance amending Ordinance No. 2013-33, the Collier County
Animal Control Ordinance.
Meeting Date: 06/12/2018
Prepared by:
Title: Administrative Assistant – Domestic Animal Services
Name: Kellie Carroll
05/24/2018 11:48 AM
Submitted by:
Title: Division Director - Domestic Animal Svc – Domestic Animal Services
Name: Darcy Andrade
05/24/2018 11:48 AM
Approved By:
Review:
Domestic Animal Services Darcy Andrade Additional Reviewer Completed 05/24/2018 12:31 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 05/25/2018 9:27 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 05/25/2018 10:28 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/30/2018 9:12 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/31/2018 8:49 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/31/2018 12:21 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/04/2018 1:37 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/05/2018 3:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/12/2018 9:00 AM
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ORDINANCE NO. 2018-______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 2013-33, THE
COLLIER COUNTY ANIMAL CONTROL ORDINANCE, BY AMENDING
DEFINITIONS; ALLOWING FOR PHOTOGRAPHIC OR VIDEO
EVIDENCE OF VIOLATIONS WITH AFFIDAVIT; PROVIDING FOR
NEW QUARANTINE REQUIREMENTS AND FEES; PROVIDING
SPECIFIC LICENSING REQUIREMENTS FOR NEWLY ACQUIRED
PETS AND POLICE WORKING DOGS; ADDING A SECTION FOR
KEEPING OR ADOPTING FOUND STRAY ANIMALS; AMENDING
GENERAL VIOLATIONS; ADDING A SECTION FOR MANNER OF
KEEPING ANIMALS TO ESTABLISH MINIMUM STANDARDS FOR
ANIMAL CARE AND ALLOWING FOR A NOTICE TO COMPLY TO BE
ISSUED FOR FIRST OFFENSES OF THIS SECTION; PROHIBITING EAR
DOCKING, INTENTIONAL POISONING, AND BESTIALITY;
AMENDING THE DANGEROUS DOG SECTION TO MIRROR STATE
STATUTE; RENAMING “NON-COMMERCIAL BREEDERS” TO
“HOBBY BREEDERS”; ELIMINATING MANDATORY HOLDS FOR
PUPPIES, KITTENS, AND UNIDENTIFIED CATS; PROVIDING FOR
VOLUNTARY SURRENDERS; RENAMING “FERAL CATS” TO
“COMMUNITY CATS”; REVISING THE TRAP-NEUTER-RETURN
PROGRAM; ADDING A SECTION FOR INJURY TO ANIMALS BY
MOTOR VEHICLES; ADDING A SECTION FOR DISPOSAL OF BODIES
OF DEAD ANIMALS; ADDING A SECTION FOR TAMPERING WITH
ANIMAL TRAPS OR CAPTURING DEVICES; ADDING A SECTION FOR
LIVESTOCK; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 14, 2013, the Board of County Commissioners of Collier County
(“Board”) adopted Ordinance No. 2013-33, the Collier County Animal Control Ordinance, which
repealed and superseded Ordinance No. 2008-51, as amended; and
WHEREAS, on October 13, 2015, the Board approved a shelter assessment conducted by
a team of veterinarians from Maddie’s Shelter Medicine Program at the University of Florida
wherein it was recommended that the County remove mandatory hold times for puppies, kittens
and adult cats without identification and eliminate the third-party Trap-Neuter-Return program
and institute a program conducted by Collier County directly; and
WHEREAS, in 2016, the Florida Legislature amended portions of Chapter 767, Florida
Statutes, regarding dangerous dogs; and
WHEREAS, on November 21, 2017, the Animal Services Advisory Committee approved
suggested changes to the regulations on breeders and inhumane treatment of animals; and
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WHEREAS, Domestic Animal Services (“Division”) staff has identified several services
currently provided by the Division, such as responding to complaints about deceased animals,
animals hit by cars, found animals, and voluntary surrender of animals, and suggests provisions to
regulate those services; and
WHEREAS, the Division also recommends that the sections of the Ordinance be
reorganized to ease implementation as well as to provide for adjusted penalties for some violations;
and
WHEREAS, these recommendations are consistent with the Division’s mission: 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; and
WHEREAS, in consideration of the above-mentioned recommendations, the Board finds
it in the best interest of the citizens of Collier County to amend Ordinance No. 2013 -33 to codify
those recommendations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO ORDINANCE NO. 2013-33.
Ordinance No. 2013-33 is hereby amended as follows:
[. . .]
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:
Abandon shall mean to forsake an animal entirely or neglect or refuse to provide or perform
the legal obligations for care and support of an animal by its Owner or its Custodian.
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 vertebrate other than a human being.
Animal Control Officer shall be defined in accordance with F.S. § 828.27, as may be
amended and shall be deemed appointed as an agent of the County as contemplated in F.S. §828.03.
Animal hoarding means the activity of a person characterized by the following:
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A. Failure to provide minimal standards of sanitation, space, nutrition or
veterinary care for animals; and
B. Attempts to accumulate or maintain a collection of animals in the face of
progressively deteriorating conditions.
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 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 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, service dog organizations 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
Division. Animal services may be referred to herein as “Division.”
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 who engages in the sale or breeding of three (3) or more litters of dogs or cats, per a
one-year period 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 three (3) or more litters per year, or offers the
kittens and puppies that are the result of such breeding for sale, excepting service dog organizations
that are members of Assistance Dogs International. Commercial breeders are subject to agricultural
zoning requirements of the Land Development Code.
Feral cat Community cat shall means any un-owned free-roaming cat that has been
sterilized, vaccinated against rabies, eartipped or earnotched, implanted with an RFID, and
returned to field and may be cared for by one (1) or more residents of the immediate area who
is/are known or unknown is free roaming and exists in a wild or untamed state.
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Feral Community cat caregiver means any person who provides food, water, or shelter,
and/or otherwise cares for one (1) or more (a) feral community cat(s) but who does not own,
harbor, keep, or have custody, control, or charge of such cats.
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.
Custodian means any person who is not the Owner of an animal, but is in possession of or
control of an animal.
Dangerous dog shall be defined in accordance with F.S. § 767.11, as may be amended.
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 dutifull y
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.
Director of animal services means the director of the Collier County Domestic Animal
Services Department Division, 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.
Free-roaming means any dog or cat found outdoors regardless of the its appearance,
behavior or ownership status.
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.
Grooming means that animals shall be groomed in such a manner to maintain health.
Animals shall be provided with hair, hoof, claw, nail, tooth and beak care as appropriate and as
necessary to maintain health and comfort.
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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, car, or other animal. The chips are about the size of a large grain of rice.
Non-CommercialHobby Breeder means any person who intentionally or unintentionally
causes or allows or business required to hold a business tax receipt theat breedsing or studding of
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 two (2) litters per household or premises per a
one-year period, or offers the kittens and puppies that are the result of such breeding for sale,
excepting service dog organizations that are members of Assistance Dogs International. 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. If the owner is a minor as defined by statute, the minor's parent(s) or legal
guardian(s) shall be deemed the owner for purposes of this chapter.
Pet dealer shall mean any person who, in commerce, for compensation or profit engages
in the sale of a dog(s) or cat(s) for use as a pet but who does not engage in breeding dogs or cats.
This definition excludes humane societies, private nonprofit animal organizations, animal rescue
organizations and animal shelters.
Police working dog shall mean any dog owned by any State, County or municipal police
department or any State or Federal law enforcement agency, which has been trained to aid law
enforcement officers and is actually being used for police work purposes.
Premises means the principle place of operation for all animal-related businesses, animal-
related organizations, commercial and non-commercial hobby breeders, and rodeos, specifically
where animals are housed on a day-to-day basis.
Proper Enclosure for primary means of confinement for dogs means an enclosed or locked
pen or structure, designed to prevent the animal from escaping. Such pen or structure shall be a
structurally sound enclosure, made of materials impervious to moisture 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 × 2 = 60; 60 × 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.
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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.
Radio frequency identification device (RFID ), commonly referred to as a Microchip,
means a device that is implanted underneath the skin of a dog, cat or other animal that when
scanned produces a unique number that identifies the animal and its owner, if properly registered.
When present, an RFID with registration information shall be considered the primary indication
of ownership.
Rescue Organization, Animal Rescue Group, Animal-related organization shall mean a
duly incorporated non-profit organization that has tax exempt status in accordance with Section
501(c)(3) of the United States Internal Revenue Code, founded or chartered with the primary
mission being the welfare, care, and adoption/placement of stray, abandoned, or surrendered
animals, and which does not breed dogs or cats or obtain these animals for any form of payment
or compensation from any source other than an animal shelter. Such organizations make pets
available on a cost-recovery basis and/or foster animals or enlist others to foster animals.
Rescue Pet Placement Partner means a group of persons who has completed a Collier
County Pet Placement Partner application and is approved to rescue adopt animals from animals
services, who hold themselves out as an animal rescue group, accept or solicit dogs, cats, or other
animals with the intent of finding permanent adoptive homes or providing lifelong care for such
dogs, cats, or other animals, and who use foster homes as the primary means of housing animals;
or a group of persons formed for the prevention of cruelty to animals.
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 an y 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.
Shelter shall mean, provision of and access to a three-dimensional structure having a roof,
walls and a floor, which is dry, sanitary, clean, weatherproof and made of durable material. At a
minimum, the structure must:
1. Be sufficient in size to allow each sheltered animal to stand up, turn around, lie
down, and stretch comfortably;
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2. Be designed to protect the sheltered animal from the adverse effects of the elements
and provide access to shade from direct sunlight and regress from exposure to inclement weather
conditions;
3. Be free of standing water, accumulated waste and debris, protect the sheltered
animal from injury, and have adequate ventilation and for dogs and cats, provide a solid surface,
resting platform, pad, floormat or similar device that is large enough for the animal to lie on in a
normal manner; and
4. Be properly lighted to provide a regular lighting cycle of either natural or artificial
light corresponding to the natural period of daylight unless otherwise directed by a veterinarian.
Structures with wire, grid or slat floors which permit the animal's feet to pass through the openings,
sag under the animal's weight or which otherwise do not protect the animal's feet or toes from
injury are prohibited except for birds where perches are provided.
Standards 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 hobby breeders, and rodeos, as adopted by the Board of County
Commissioners.
Sustenance shall mean access to and the provision of palatable nourishment appropriate for
the type of animal which is to eat it, free from contamination and provided in a clean and sanitary
manner. Food shall be of sufficient nutritional value to maintain the animal in good health and
shall be provided at suitable intervals for the species, age and condition of the animal but not less
than once daily except as otherwise prescribed by a veterinarian or as dictated by naturally
occurring states of hibernation or fasting normal to the species.
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-vaccinate-return (TNVR) shall means a program whereby a free-roaming cat
is the practice of humanely trapped,ing feral cats; ensuring they are spayed or neutered, vaccinated
against the threat of rabies, implanted with an RFID, and earnotched or eartipped; and returneding
to their original point of pick-up or other suitable location as part of a community cat management
program. 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.
Unaltered shall mean an animal that has not been sterilized.
Unprovoked means that a person, who has been conducting himself or herself peacefully
and lawfully, has been bitten or chased in a menacing fashion or attacked by an animal. The
meaning of “unprovoked” as it relates to Section Thirteen shall follow the definition as provided
in F.S. Ch. 767.
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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.
Water shall mean provision of, and access to, clean, fresh, potable water, of a drinkable
temperature, which is free from contamination, and provided in a suitable manner, in sufficient
volume, and at suitable intervals, to at all times maintain normal hydration for the age, species,
condition, size and types of each animal, except as otherwise prescribed by a veterinarian or as
dictated by naturally occurring states of hibernation.
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 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 h as
caused bodily injury to a person or has physically injured or killed livestock.
6. An animal control officer shall free any animal left unattended in a motor vehicle if the
animal appears to be in imminent danger or distress or if the interior of the vehicle reaches a
temperature of eighty (80) degrees Fahrenheit or higher for a period of five (5) minutes or longer.
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
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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 SIX: Complaints.
1. Complaints for alleged violation(s) of this Ordinance shall be communicated to the
Director or designee, 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/visitor (at least one affidavit must come from
a resident of the County) of a separate dwelling in the vicinity of the violation, and acknowledged
under oath before an individual authorized by law to take acknowledgements, or one adult witness
who is a resident of the County who submits an “affidavit” with a recorded video or photograph
showing an alleged violation, setting forth the complained of acts, an enforcement officer shall
investigate the facts to determine if the acts complained of are a violation ., and, The video or
photograph shall be considered upon proof of date and time or reliable indications of date and
time as determined by the Director or designee . Iif upon the review of the above the Director or
designee determines satisfied that a violation has occurred, may issue a penalty may be issued 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 Fifteen.
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. A rabies control program, including the investigation
of all reported animal bites, may be carried out through a mutual agreement with the Florida
Department of Health using the requirements of Florida Department of Health Rules and
Regulation, Chapter 64 D-3, Florida Administrative Code, and /or this Ordinance as a basis for
enforcement and program implementation.
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
Divisiondepartment of animal services, if known, 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
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D. Name(s) and description(s) of other persons and animals involved.
3. An animal known to have bitten or a cat that has scratched a human or an animal suspected
of having rabies shall, if possible, be captured or taken into custody by the Director, police,
sheriff’s 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.
Any dog or cat without a current rabies vaccination that has bitten, is believed to have bitten or
has otherwise exposed a person to rabies or is suspected of having rabies shall be quarantined
for rabies observati on. The Owner of such dog or cat shall relin quish control of the dog or cat
for the purpose of quarantine. The dog or cat shall be quarantined at the owner's expense for a
period of ten (10) days from the date of the bite at the Division’s headquarters or at an approved
holding facility of a local veterinarian. It shall be unlawful for any person to fail to surrender
any such dog or cat for rabies quarantine. Additionally, it shall be unlawful for any person to
fail to inform the Division of any such dog or cats last known whereabouts if the owner has
relinquished possession of said dog or cat or caused said dog or cat to be taken from the owner's
premises.
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. Any dog or cat with a current rabies vaccination that has bitten,
is believed to have bitten or has otherwise exposed a person to rab ies may be quarantined at
home. The Director, or designee, and/or the County Florida Health Department shall have the
authority to grant or deny permission for home quarantine privilege. If at any time during the
quarantine period the Director, or designee, determines that the O wner of the dog or cat is not
able to sufficiently confine the dog or cat, the O wner shall relinquish control of the dog or cat to
animal services. The dog or cat will be confined in the custody of animal services or at an
approved holding facility of a local veterinarian for the remainder o f the quarantine period at the
Owner's expense.
C. Earnotched or eartipped feralcommunity cats that have bitten, are believed to have
bitten or have otherwise exposed a person to rabies or are suspected of having rabies shall be
quarantined for rabies observation for a period of ten (10) days from the date of the bite at animal
services or at an approved holding facility of a local veterinarian , 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 Community cat
caregiver. FeralCommunity 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
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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 and is at the discretion of the health officer.
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.
9. Owners whose animals have been reported to have bitten any person, shall provide the
Director or designee all necessary infor mation by telephone, correspondence or records at animal
services, to determine the vaccination status and quarantine requirements for the animal and to
place an animal on home quarantine.
10. The following fees shall be imposed, in amounts set forth by resolution of the Board, for
carrying out the rabies control program:
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A. Field officer fee. Owners whose animals have been reported to have bitten any
person, shall be charged a fee when the D irector or designee is not able to obtain all necessary
information pursuant to Section Seven, subsection 2 herein and an animal control officer is
dispatched to secure or obtain the required bite information and place an animal on quarantine.
B. Transportation fee. Owners whose animals have been reported to have bitten any
person and who are required to have such animal quarantined at an approved quarantine facility,
shall be charged a transportation fee when the O wner has failed to transport said animal to a
quarantine facility within twenty-four (24) hours after notification, requiring transportation by
the Division.
C. Quarantine release fee. At the end of each quarantine period for rabies
observation, owners whose animals have been reported to have bitten any person are required to
call the Division to verify that said animal is alive and healthy to assure that it is free of rabies
infection. A quarantine release fee shall be charged when the owner fails to call or the Division
is unsuccessful at reaching the owner by phone within forty-eight (48) hours following the
expiration of the quarantine period, requiring an animal control officer to observe the animal.
D. Quarantine at the Division fee. Owners whose animals are quarantined at the
Division for a rabies quarantine shall be charged a quarantine fee, which shall be paid by the
owner at the beginning of the quarantine period. The owner shall be responsible to pay for any
medical care provided during the quarantine period at the conclusion of the quarantine period.
The Owner is also responsible to pay for, if applicable, mandatory sterilization, vaccination
against the threat of rabies, implantation of a RFID, and purchase of a County rabies/license tag
if not current.
E. Except as specifically provided by this Ordinance, an invoice reflecting fees
imposed pursuant to this section shall be sent to the O wner of the animal . Payment shall be
made by the Owner within thirty (30) days of receipt o f said invoice. Failure to pay within such
time will result in a late fee.
SECTION EIGHT: County Rabies/License certificate; tags, vaccination required.
1. Any owner of a dog or cat shall obtain a County rabies/license tag for each such animal
when the animal is four months old or older.
A. In the case of a newly acquired dog or cat, the Owner shall obtain a County
rabies/license tag within fifteen (15) days of acquisition;
B. In the case of a new resident to the County, the Owner shall obtain a County
rabies/license tag within fifteen (15) days of establishing residency.
AC. No County rabies/license tag for dogs or cats shall be issued or renewed by a
veterinarian or authorized agent until evidence of vaccination for rabies by a licensed veterinarian
has been presented. Upon vaccinating a dog or cat against rabies, authorized veterinarians/clinics
may have available for purchase by the dog or cat owner, a County rabies/license tag. The County
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rabies/license tag will be valid issued for a period of one (1) or three (3) years from the date of
vaccination, depending on the expiration date of the rabies vaccination the animal receives, and is
required to be renewed annually or triennially thereafter and must remain current at all times.
No County rabies/license tag shall be valid after the expiration of the rabies vaccination,
regardless of the date of issuance. Failure to secure and purchase a new County rabies/license
tag within thirty (30) calendar days after the previous tag expires will result in a late penalty
established and revised by resolutions adopted by the Board of County Commissioners.
BD. The record corresponding to the County rabies/license tag shall contain the name
of the owner, address, breed, sex and color of each animal, or other descriptive data.
CE. A tag designating the license number shall be issued.
DF. All dogs shall be required to wear a valid County rabies/license tag. The tag shall
be affixed to the animal's dog’s neck by a collar, or harness, or other substantial device at all times,
except when the animal is confined, in a securely enclosure, fenced as long as the tag is securely
fastened to a collar/harness and that device is attached to the enclosure, except when a dog is
securely confined in the residence. Dogs or participating in an registered organized match,
confirmation show, field trial, or obedience trial training are not required to wear such tags during
the time of the event.
G. All cats, other than community cats, shall be required to wear a valid County
rabies/license tag. The tag shall be securely fastened around the cat's neck by a collar, harness
or other substantial device so as to be clearly visible at all times. Cats, other than community
cats, may be exempt from wearing the required license tag while kept in a secure enclosure as
long as the tag is securely attached to the en closure or while within the owner's residence as long
as the tag is provided to an officer upon request.
EH. The County rabies/license tag issued under this section shall not be transferable
from animal to animal or from owner to owner.
FI. Each County rabies/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.
J. A replacement tag must be purchased and in place within fifteen (15) calendar days
if the original tag is lost, misplaced, or stolen at a reduced amount as established by resolution of
the Board of County Commissioners.
GK. Veterinarians and authorized agents are authorized to sell dog County
rabies/licenses and cat County rabies/licenses and cannot charge more for the tag than is
established and revised by resolutions adopted by the Board of County Commissioners. The
veterinarian and authorized agents must submit payment to Animal Services for each tag sold
during the previous 30 days. Veterinarians and authorized agents and are authorized to charge a
surcharge for this service. The amount of the authorized surcharge is established and revised by
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resolutions adopted by the Board of County Commissioners. Forms and County rabies/license tags
will be furnished by the County to the veterinarian and authorized agents.
L. Veterinarians and authorized agents must keep complete and accurate records of
tags sold and on hand as inventory. All theft or loss must be reported immediately to the proper
authority and a copy of the official law enforcement report must be provided to Domestic Animal
Services. Unexplained shortages/losses of tags, or sale(s) of tags at the incorrect price(s), are the
responsibility of the Veterinarians and authorized agents.
M. License fees are not requi red for Police Working Dogs; but such animals must be
licensed and must have received their rabies vaccination. In order to receive these license tags
at no charge, the owner must have the animal licensed through animal services. Police working
dogs vaccinated anywhere else will be liable to pay the surcharge imposed by the veterinarian
only.
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 County
rabies/license tag 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. Upon vaccination against rabies, the licensed veterinarian shall provide the animal’s owner
and the animal control authority with a rabies vaccination certificate as defined in F.S. § 828.30.
Veterinarians shall provide rabies vaccination certificates to Domestic Animal Services within
thirty (30) days of vaccination or immediately upon request of Domestic Animal Services in
conjunction with an investigation or other enforcement purposes.
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 Pet Placement
Partners, with a valid tax exemption under Internal Revenue Code Section 501(c)(3), rescue
organizations qualified approved 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 Animal Care Sterilization 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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6. Owners of animals who visit Collier County or reside in Collier County for less than thirty
(30) days per a year are exempt from the County rabies/license tag requirement provided that they
have proof of a valid current rabies vaccination from another jurisdiction.
SECTION NINE: Keeping/adopting stray animals.
1. It shall be unlawful for any person in the County to harbor or keep any stray or apparently
lost animal unless he/she has notified the Division within twenty-four (24) hours from the time
such animal came into his/her possession. Upon receiving such notice, the Division may require
the person to bring the animal to the Division for identification or sheltering, if necessary.
2. Adopting stray found animals. A resident who possesses a stray dog or cat and who wishes
to provide it a permanent home, shall apply to legally adopt such animal by adhering to the
following procedures:
A. Take the found stray animal to the Division to be scanned for a RFID and checked
for a tattoo. An exception to this requirement is for the potential adopter to take the dog or cat to a
local veterinarian or another animal shelter to be scanned for an RFID and checked for a tattoo.
Proof must be presented to the Division that these requirements have been met. The applicant will
not be permitted to adopt a stray dog or cat where an owner is discovered and has not formally
forfeited the animal to DAS.
B. Provide the Division with clear identifying color photographs showing the animal
from a side view and a front view. Each photograph must have a minimal dimension of three (3)
inches by three (3) inches. It is also recommended that the potential adopter place a "found"
advertisement in at least one (1) local newspaper of general circulation.
C. Complete an official "found" pet form which provides all appropriate identifying
information for the animal.
D. Sign an adoption agreement and pay all necessary fees and deposits. The
prospective owner, at his/her option and expense, may make an appointment at the Division to
secure the required vaccinations, tests, RFID and sterilization or may secure these requirements
through a private veterinarian. All deposits will be refunded when proof is shown that the new
owner has complied with these requirements. No sooner than thirty (30) days after completing the
official “found” pet form and not to exceed forty-five (45) days.
3. If the animal becomes injured or sick while under the potential adopter's care, that person
shall be required to pay all necessary veterinary expenses. If the adopter does not wish to pay for
needed treatment, the animal must be relinquished to the Division. The potential adopter shall lose
all rights and claims to the animal.
4. All potential adopters must agree to relinquish the found dog or cat to its rightful owner
after proof of ownership has been demonstrated and/or until such time as the Division approves
and releases the animal to the new adopter, no sooner than thirty (30) days after completing a
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“found” pet form. All potential adopters will relinquish the found dog or cat to the Division upon
request if the potential adopter fails to return the animal to the rightful owner for reunification.
5. Such animal(s) may become the property of a person only if the following requirements
are also met:
A. Photographs and identifying information have been posted at the Division for fifteen
(15) business days;
B. The animal has been given a rabies inoculation and County rabies/license tag;
C. The animal has been sterilized; and
D. The animal has been implanted with an RFID and the RFID is registered to said
person. The requirements herein must be secured within fifteen (15) calendar days after animal
services approves the adoption application. Extensions may be granted by animal services for
reasonable requests. Any deviation from these adoption requirements by the potential adopter will
void the adoption.
6. At its discretion, the Division may refuse an adoption of an animal if it is determined that
the adoption is not in the best interest of the animal or the health, safety and general welfare of the
public. Factors to be considered may include those factors set forth in Section Sixteen of this
Ordinance.
SECTION NINETEN: 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 for service
animals as defined in F.S. § 413.08, 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 upon public school grounds or public playground in the county, whether
fettered or unfettered, except for service animals as defined in F.S. § 413.08.
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 service
animals as defined in F.S. § 413.08, to public buildings used for animal shows or exhibitions, or
to dogs used for enforcement by any law enforcement officer or code enforcement officer.
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E. To trespass be upon private or public property so as to damage or destroy any
property of another including, but not limited to, the unprovoked biting, attacking, or wounding of
another person’s animal(s) or thing of value or to defecate and create a sanitary nuisance thereon,
including defecating upon roadways, road right-of-way, sidewalks, or other property so as to create
a sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not im mediately
removed and properly disposed.
F. To defecate and create a sanitary nuisance thereon, including defecating upon
roadways, road rights-of-way, sidewalks, or other property. A sanitary nuisance exists whenever
the feces are not immediately removed and properly disposed.
FG. To chase, run after, or jump at vehicles or bicycles using any road or road right-of-
way.
GH. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any
road right-of-way, persons lawfully on their own property, or persons lawfully on property of
another with permission of the owner or person in possession or control of the property.
HI. 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. It shall be unlawful for the owner,
or any caretaker of an animal or animals to allow the animal(s), to bark, meow, whine, howl, or
to make other sounds common to the species, persistently or continuously for a period of 30
minutes or longer when the animal is not contained within an enclosure sufficient to baffle loud
noises and render them reasonably unobjectionable. This subsection shall not appl y to animals
maintained on land zoned for agricultural purposes, nor shall it apply to a properly permitted
animal shelter established for the care and/or placement of unwanted or stray animals, nor a
properly zoned commercial boarding kennel or other anim al facility. An owner or custodian of
the animal(s), may be cited for a violation of this section when either the investigating officer
has received, from at least two unrelated adult witnesses from different residences, a sworn
affidavit of complaint attesting to the committing of a nuisance pursuant to such section or
subsection, upon receipt of one affidavit as described above accompanied with a photograph or
video recording with indicia of reliability as to date and time of the recording, or the citing officer
has witnessed the commission of such a nuisance. Affidavits att esting to the nuisance must come
from residents within a three -block radius (approximately 900 -foot radius).
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
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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.
J. No owner or caretaker of an animal(s) shall permit the animal, either willfully or
through failure to exercise due care or control, to bite, attack or wound a human without
provocation while such person is in o r on a public place or lawfully in or on a private place
including the property of the owner of such animal.
K. Any cat that is outdoors while not under direct control must be sterilized.
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.
32. 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 or cat.
SECTION ELEVEN: Animal care; manner of keeping
1. No person who is the owner or possessor or who has charge or custody of an animal shall
fail to provide:
A. Shelter (as defined herein) for the animal;
B. Water (as defined herein) for the animal. An animal confined outdoors shall have a
continuous supply of clean, fresh, and potable water, unless the animal is under the direct
supervision of a responsible person at events such as dog or cat shows or field trials. In such cases,
the responsible person shall ensure sufficient water is provided to the animal in order to maintain
normal hydration for the species of animal;
C. Clean, sanitary, safe and humane conditions;
D. Medical attention and/or necessary veterinary care when an animal is sick, diseased
or injured; Upon request by the Division, written proof of veterinary care must be provided;
E. Adequate sustenance (as defined herein) to any animal;
F. Grooming (as defined herein) for the animal; and
G. Humane care and treatment.
2. No person shall engage in animal hoarding.
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3. Shelter for equine, bovine, ovine and porcine normally maintained in outdoor areas must:
A. Provide protection from the direct rays of the sun and the direct effect of wind and
rain;
B. Provide a wind break and rain break;
C. Provide a solid roof;
D. Provide protection from the elements at all times; and
E. Provide space for each animal to comfortably stand up, sit down, lie down and turn
around in the shelter. If the shelter is used for more than one (1) animal at the same time,
it must provide enough space for each animal to comfortably stand up, sit down, lie down
and turn around simultaneously.
4. It shall be unlawful for any person maintaining equine or ovine to fail to keep hooves
trimmed so as to prevent lameness and extreme overgrowth causing deformities.
5. To keep horses, cattle, or other livestock in a manner inconsistent with recognized livestock
husbandry practices.
6. It shall be unlawful for the owner of an animal to allow or permit his or her animal:
A. To be abandoned. Abandonment shall constitute the relinquishment of all rights
and claims by the Owner to such animal in accordance with F.S. §705.19. Community Cats shall
not be considered abandoned when returned to the original point of pick-up or other suitable
location as part of a community cat management program.
B. 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.
7. An Animal Control Officer shall free any animal left unattended in a motor vehicle if the
animal appears to be in imminent danger or distress or if the interior of the vehicle reaches a
temperature of eighty (80) degrees Fahrenheit or higher for a period of five (5) minutes or longer.
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, or veterinarian, and the Owner promptly notified.
8. No person shall transport or carry any dog or other animal in a motor vehicle unless the
animal is safely enclosed within the vehicle or trailer. If a person is transporting or carrying an
animal in an unenclosed or partially enclosed vehicle including, but not limited to, convertibles,
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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 fro m the
motor vehicle.
9. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle,
sheep, poultry or other agricultural livestock in trailers or other vehicles designed and
constructed for such purposes.
10. Any enclosure used as a primary means of confinement for a dog must meet the definition
of proper enclosure as stated in 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 1/8 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.
J. If there are multiple dogs, each dog is tethered separately.
11. 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.
12. 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 F.S.
§ 828.073, as may be amended.
13. Whoever violates any provision of this section shall forfeit his right to license an y
additional animals in the County for one year in addition to any other penalty provided by this
Ordinance or otherwise by law. Any ownership of such animals without benefit of a license shall
be deemed an additional violation of this Ordinance.
SECTION TENTWELVE: Inhumane treatment of animals. Cruelty to animals.
1. It shall be unlawful for any person to:
A. Fight or bait animals as set forth in F.S. § 828.122, commonly known as "The
Animal Fighting Act."
B. Maim or disfigure any dog, cat, or other animal. A person shall not crop the ears
or dock the tail of any dog, unless the person employs a veterinarian to perform the cropping and
docking. If a person possesses a dog with an ear or ears cut off or cropped, or tail docked, and
with the unhealed wound, th en that possession is prima facie evidence of a violation of this
section, unless the cropping or docking was performed by a veterinarian and the documentation
to prove this is provided the Division upon demand.
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. It shall be unlawful for any person
to leave or deposit any poison or any substance containing poison in any common street, road,
alley, lane or thoroughfare of any kind, or in any yard or enclosure other than that person's own
yard or enclosure, for the purpose of inflicting injury or killing any animal other than a common
rat or mouse.
D. Confine animals without sufficient food, water, or exercise, or abandon to die any
animal that is maimed, sick, infirm, or diseased, as prohibited in F.S. § 828.13.
E. Commit an act of animal cruelty in violation of F.S. § 828.12.
F. Beat and cause unnecessary injury and suffering to any animal.
G. Work an animal in a sick, diseased or injured condition.
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H. Fail to properly remove and dispose of animal feces from all animal enclosures and
water.
IH. To keep horses, cattle, or other livestock in a manner inconsistent with recognized
livestock husbandry practices.
2. A person may not:
A. Knowingly engage in any sexual conduct or sexual contact with an animal;
B. Knowingly cause, aid, or abet another person to engage in any sexual conduct or
sexual contact with an animal;
C. Knowingly permit any sexual conduct or sexual contact with an animal to be
conducted on any premises under his or her charge or control; or
D. Knowingly organize, promote, conduct, advertise, aid, abet, participate in as an
observer, or perform any service in the furtherance of an act involving any sexual conduct or sexual
contact with an animal for a commercial or recreational purpose.
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 1/8 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.
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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:
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.
43. The Director or designee 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 F.S. § 828.073, as may be amended.
54. Whoever violates any provision of this Section shall forfeit his right to license an y
additional animals 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.
5. To the extent permitted by law and not inconsistent with this Section the following portions
of the Florida Statutes, in their current form and as subsequently amended, are hereby adopted and
incorporated by reference except as to penalty, and shall be part of this Section as if they were set
out in full and punishable as civil infractions:
A. Section 828.058, Florida Statutes;
B. Section 828.065, Florida Statutes;
C. Section 828.08, Florida Statutes;
D. Section 828.12, Florida Statutes;
E. Section 828.121, Florida Statutes;
F. Section 828.122, Florida Statutes;
G. Section 828.123, Florida Statutes;
H. Section 828.1231, Florida Statutes;
I. Section 828.125, Florida Statutes;
J. Section 828.13, Florida Statutes;
K. Section 828.14, Florida Statutes;
L. Section 828.16, Florida Statutes;
M. Section 828.161, Florida Statutes;
N. Section 828.22, Florida Statutes;
O. Section 828.23, Florida Statutes;
P. Section 828.24, Florida Statutes; and
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Q. Section 828.252, Florida Statutes.
SECTION ELEVENTHIRTEEN: 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 the base of the tail will require a
25 square foot enclosure (30 × 2 = 60; 60 × 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.
12. Dangerous Dog Procedure.
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A. All definitions as set forth in Chapter 767, F.S. shall be incorporated herein. The
provisions of F.S. Ch. 767, as may be amended, pertaining to dangerous dogs are adopted in their
entirety as part of this Section. All procedures, regulations, requirements, and restrictions,
pertaining to dangerous dogs are applicable under this article, and a violation of state law shall
constitute a violation of this Ordinance. To the extent that any provision in this Ordinance conflicts
with F.S. ch. 767, the statute shall control.
AB. 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 t o
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.
BC. 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.
CD. A dog shall not be declared dangerous if the threat, injury, or damage was sustained
by a person who, at the time, was unlawfull y 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.
DE. 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.
EF. 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.
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FG. 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 countycircuit court to appeal the
classification within ten (10) business days after receiving notice. This request for hearing must
be filed with the countycircuit 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.
32. 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 annuallyestablished by Resolution of the Board of Commissioners. 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, against rabies 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 (10) 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 two (2) of 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, and such late fee shall be determined by a Resolution of the Board
of County Commissioners.
C. Annual renewal of certificate of registration. A standard renewal application must
be filed annually at least ten (10) 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 rabies 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, and such late fee shall be determined by Resolution of
the Board of County Commissioners. Animal services may impound any dog whose owner has:
(i) filed failed 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
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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.
43. 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.; and/or
(4) Is moved to another address.
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. Brachycephalic breeds of dogs must wear a suitable type of muzzle if a cage -style
cannot be worn. The owner may exercise the dog in a securely fenced or enclo sed 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 section 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.
E. A person who violates any provision of this section commits a noncriminal
infraction, punishable by a fine not to exceed $500.
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54. 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 Ch. 775 F.S., 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 (10) business
days after the owner is given proper written notificeation, under Ch. 767.12 F.S., 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.
CB. 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 under F.S. ch. 767, 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.
DC. 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.
ED. 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.
5. Attack or bite by unclassified dog that causes severe injury or death.
A. If a dog that has not been declared dangerous attacks and causes the death of a
human, the dog shall be immediately confiscated by animal services, placed in quarantine, if
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necessary, for the proper length of time or held for 10 business days after the owner is given written
notification under F.S. ch. 767, and thereafter destroyed in an expeditious and humane manner.
This 10-day period shall allow the owner to request a hearing under this section, the dog must be
held and may not be destroyed while the appeal is pending. The owner is 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 the death of, a human, and the owner of the dog had knowledge of the dog’s dangerous
propensities, yet demonstrated a reckless disregard for such propensities under the circumstances
the owner of the dog commits a misdemeanor of the second degree, punishable as provided in F.S.
ch. 767.
C. If the dog attacks or bites a person who is engaged in or att empting to engage in a
criminal activity at the time of the attack, the owner of the dog is not guilty of any crime 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
(10) 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.
D. Each day the owner of a dangerous dog fails to comply with the requirements of
this Section or the requirements of F.S. § 767.12, as may be amended, shall constitute a separate
and distinct offense.
SECTION TWELVEFOURTEEN: Standards of Care.
1. The following provisions are limited to animal-related businesses, animal-related
organizations, commercial breeders, non-commercial hobby 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 hobby
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
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Code. As set forth below, a violation of an approved Standards 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 breeders, non-commercial hobby breeders, 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 Director will inspect
the premises of any breeder on a quarterly basis. Routine ins pections of businesses, or
organizations, or breeders located in a premise 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 hobby breeders must obtain the applicable breeder
permit from the Director. A fee will be charged for the permit. Permit fees shall be established
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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. No animal-related businesses, animal-related organizations, commercial breeders, hobby
breeders, pet dealers, and rodeos permits shall be granted or issued to a person who has been
charged with and convicted of charges of animal cruelty under any jurisdiction. Such automatic
denial shall extend to corporations, companies, partnerships, joint ventures, professional g roups
or associations which include a person so described.
12. 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 THIRTEENFIFTEEN: 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. Whenever possible, a violation issued by an animal control officer shall be hand delivered
to the violator (or the violator's representative having custodial responsibilities at the location of
the violation). If the animal control officer is unable to ha nd deliver the citation, the animal
control division may send a letter by certified mail to the violator.
2.3 For an initial violation of Section Eight, Section Nine, Section Ten, Subsection 2; Section
Eleven, Section Thirteen, and Section TwelveFourteen, and Section Sixteen, excluding subsection
9, 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 shall 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
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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
enforcement officer empowered to enforce this Ordinance, may issue to the owner of (or to the
person in custody of) such animal a citation to the violator.
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 for violation of
any provision of this Ordinance, except any aggravated violation described in Subsection (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.
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(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 FourteenSixteen, Subsection
49; Section Nine, Subsections 1(I) and (J); Section Eleven, if failure to comply with Notice to
Comply; or Section TenTwelve, 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 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, however, a person cited for a violation Section Twelve may only
make one election 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.
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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 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.
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P. Violations of Section Eight, subsections 1 (K) & (L) and subsection 3 shall not
result in a citation and/or monetary penalty, but may result in the Division revoking the
veterinarian’s authorization to issue County licenses.
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
Officer
Discretion
Permitted?
Section Eight
Requirement to
license and vaccinate
except for Section
Eight, subsection 1
(K) & (L) and
subsection 3.
Notice to Comply, with a
$100.00 citation issued if
not in compliance in 15
days
Notice to Comply, with
a $1200.00 citation
issued if not in
compliance in 15 days
Citation: $1300.00 Yes No
Section Nine Ten
General Violations
Formal Written Warning
Notice of Violation,
with a Citation
$1200.00 citation issued
if $25.00 discounted
fine not paid in 72
hours
Citation: $1300.00 Yes
Section Nine
Subsections 1(I) and
(J)
Aggravated Citation:
$250.00
Aggravated Citation:
$350.00 with
mandatory appearance
Aggravated Citation,
with mandatory
appearance: $400.00—
500.00, as set by the
special magistrate
No
Section Eleven
Manner of Keeping
Notice to Comply, with a
$250.00 citation issued if
not in compliance in
specified time up to 15
days
Aggravated Citation:
$350.00
Aggravated Citation,
with mandatory
appearance: $400.00—
500.00, as set by the
special magistrate
No
Section Ten Twelve
Subsection 1: Animal
Cruelty to Animal(s)
Aggravated Citation:
$250.00
Aggravated Citation:
$350.00 with
mandatory appearance
Aggravated Citation,
with mandatory
appearance: $400.00—
500.00, as set by the
special magistrate
No
Section Ten
Subsection 2:
Tethering
Notice to Comply, with a
$100.00 citation issued if
not in compliance in 15
days
Citation: $200.00 Aggravated Citation:
$350.00
No
Section Eleven
Thirteen
Dangerous Dog
Notice to Comply with a
$100.00 citation issued if
not in compliance in 15
days
Citation: $200.00 Citation: $300.00 Yes
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Section Twelve
Fourteen
Standards of Care
Notice to Comply with a
$100.00 citation issued if
not in compliance upon
re-inspection
Citation: $200 Citation: $300.00 No if violation
constitutes
cruelty
Sections Nine Stray
Animals and Section
Sixteen Impounded
Animals
Notice to Comply with a
$100.00 citation issued if
not in compliance in 15
days
Citation: $200 Citation: $300.00 No
Any item not
specified above
Citation: $100.00 Citation: $200.00 Citation: $300.00 Yes
SECTION FOURTEENSIXTEEN: Disposition of impounded animals.
1. Impounded animals with identification 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. Cat(s), kitten(s), puppy(ies), and all animal(s)
other than dog(s) or livestock, for which an owner has not been identified or deemed to have an
owner by an identification tag or other identification, shall immediately be considered abandoned
and shall become the property of the Division. The Division may, at its discretion, place such
animal(s) for adoption, place in foster care, transfer the animal(s) to another shelter, transfer the
animal(s) to rescue or make disposition pursuant to law at the time, but shall not euthanize these
animals for a minimum of five full days (120 hours).
2. If an impounded animal is suffering from or suspected to have an infectious or contagious
disease, or is injured or debilitated to such an extent that it is experiencing pain or suffering as
determined by a veterinarian or competent designee(s), or the animal poses an immediate
substantial risk to staff or visitors to the shelter, the animal may be euthanized prior to the
expiration of the five-day (120 hour) hold.
3. Impoundment of cattle require legal notifications as specified in F.S. §588.17.
4. 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, identified cats, and other animals not claimed within the five-day
specified hold period, may be adopted, transferred, or may be euthanized by any method specified
in F.S. §828.058.
5. Animals that are impounded for safe keeping at the request of a first-responding agency
due to the death or medical emergency of its owner or caretaker, shall be held for a minimum of
five days (120 hours). After five days (120 hours) the Division will hold the animals for an
additional five days (120 hours) and the Director or designee shall make at least three attempts to
contact the owner during this time. Animals not claimed after this ten-day (240-hour) period, may
be adopted, transferred, or may be euthanized, at the discretion of the Director or designee.
26. Animals shall be released to owners on presentation of proof of ownership and payment of
costs and fees. Proof of ownership may include a County rabies/license tag, veterinary records,
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tattoo, bill of sale, adoption contract, registered (RFID) microchip, affidavits from two separate
neighbors, other reliable documentary or anecdotal evidence deemed reliable by the Director or
designee; along with a signed affidavit affirming ownership. If ownership cannot be proven, the
animal must remain at Domestic Animal Services for the established hold period prior to
reclaiming.
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) Dogs and cats that have been impounded shall be implanted with a radio
frequency identification devise (RFID) (microchip)ped 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 or designee, the animal may be released to
the owner with a Notice to Comply to have the animal microchipped and applicable payment
specified by resolution. The fee will be refundable within thirty (30) days if services are provided
by a non-animal services licensed veterinarian, 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 fifteen (15) days, signed by a licensed veterinarian,
confirming that the animal has been so implanted and provide the microchip number to animal
services. Failure to provide proof of microchipping shall result in a penalty as specified in the
penalty schedule. 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
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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 an sworn statement affidavit 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. An owner shall not use this exemption more
than one (1) time per animal; mandatory sterilization is required based on a second impoundment.
The animal shall only be released to the owner with a signed Notice to Comply allowing the owner
fifteen (15) days to comply with and/or register as a Hobby Breeder or Commercial-Breeder.
Failure to register as a Hobby Breeder or Commercial-Breeder will result in a penalty as specified
in the penalty schedule.
7. Voluntary surrender.
A. Person(s) wishing to surrender an animal shall be allowed to do so at the
discretion of the Director or designee . Every person who voluntarily surrenders an animal mus t
provide a valid photo identification that shows proof of residence and sign a form acknowledging
that the surrender is voluntary and acknowledging the discretion of the animal control division
to dispose of the animal. Animal services shall not be liabl e for the disposition of any voluntarily
surrendered animal after receipt of the animal from its owner. The animal shall be immediately
available for adoption, placement or other appropriate disposition once surrendered.
B. Person(s) surrendering animals shall be responsible for paying an surrender fee.
C. Person(s) wishing to surrender an animal with the request for euthanasia shall be
allowed to do so at the discretion of animal services. It is not the policy or practice of anima l
services to supply "on-demand" euthanasia procedures, but in the interest of relieving a suffering
animal, or for aggressive animals that pose a safety risk, animal services may provide the service
for a fee, at the Director’s or designee’s sole discretion.
D. No surrendered or stray animals from outside the Divisions jurisdiction shall be
accepted except for humane reasons or if the animal was previously adopted from the Division;
such animals shall be referred to another agency. The photo identification of the owner/person
wishing to surrender an animal that shows an address outside of the Divisions jurisdiction shall
be used as the current address of the animal.
E. An animal that has bitten a human may be surrendered to the Division for
quarantine pursuant to the applicable provisions of the Florida Administrative Code 64D -3, as
may be amended. An animal surrendered for quarantine to the Division is subject to all
requirements of Section Sixteen prior to reclaim.
F. It is a violation of this section for any person to falsely identify himself or herself
as an owner or owner's agent.
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38. Animals not claimed within a five-day the appropriate holding 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. In order to adopt an animal, a person must be at least 18 years of age and provide
photo identification and/or other proof of residency.
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.
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 and pay a deposit from the
adopter as established by Resolution of the Board of County Commissioners, which deposit shall
be refundable upon presentation to the Division or upon written evidence by the veterinarian
performing the sterilization surgery that the animal has been sterilized as specified in F.S. § 823.15.
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 and
shall forfeit the deposit. Assumption of financial responsibility does not relieve the adopter of the
requirement to provide written proof of sterilization within the specified time limit. Animal
Control Officers are authorized to impound or to issue a Notice to Comply and/or citations for
failure to sterilize any dog or cat adopted from the animal shelter.
G. The Director or designee has the final authority to approve the adoption of any
animal. The Director or designee may refuse an adoption if it determines that the adoption is
not in the best interest of the animal, or detrimental to the health, safety or welfare of the general
public.
49. 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
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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.
510. Failure to comply with the requirements of this section shall be a violation of this
Ordinance and punishable as provided in Section ThirteenFifteen.
SECTION FIFTEENSEVENTEEN: 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 SIXTEENEIGHTEEN: 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.
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 SEVENTEENNINETEEN: Feral Community 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
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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.
1. Collier County recognizes that there are community cat caregivers and acknowledges that
community cats living in colonies may be tolerated living outdoors, provided such cats are
properly cared for in accordance with the following requirements:
A. All community cats living in colonies shall be cared for on the private property
of the community cat caregiver or with the permission of the property owner or property
manager.
B. Community cat caregivers shall provide certain necessities on a regul ar and
ongoing basis, including, but not limited to, proper nutrition and medical care, as needed.
C. Free-roaming cats living in colonies shall be sterilized, ear -tipped, and vaccinated
for rabies. Community cats living in colonies shall be exempt from rabies registration license
requirements of Section Eight and the stray animal provisions of Section Sixteen.
D. Food shall be provided in the proper quantity for the number of cats being
managed and is to be supplied no less than once per day. Food must be placed in feeding
containers that are maintained and secure.
E. Water must be clean, potable, and free from debris and algae.
F. Shelter, if provided, shall be unobtrusive, safe, and of the proper size for the
community cat(s).
G. Healthy community cats that have been impounded by the Division may be
immediately returned-to-field, released to a community cat caregiver, or, if considered
sufficiently socialized, adopted. Community cats who have been impounded more than once
may be considered a community nuisance and may be euthanized at the discretion of the
Division. Notwithstanding the foregoing, whenever an impounded community cat is visibly
injured or diseased, is determined to be a nuisance , appears to be suffering, or upon the advice
of a veterinarian, then the Division may euthanize the community cat pursuant to the stray animal
provisions of Section Sixteen. Animal services has the right to immediately seize and humanely
destroy any Community Cat that poses a public health or safety concern by virtue of disease
(rabies or other epizootic events), aggressive temperament resulting in unprovoked attacks on
humans, or any other reason concerning public health and safety.
2. Management programs to reduce the uncontrolled reproduction of community cats shall
be implemented by the Director to provide for the sterilization and return -to-field of all healthy
community cats entering animal services.
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A. All community cats enteri ng animal services shall be counted toward intake and,
upon return-to-field, shall be counted as a live -release.
B. All community cats entering animal services shall be examined for temperament
to evaluate their ability to survive in an outdoor environme nt with or without assistance from a
community cat caregiver.
C. Community cats shall be sterilized, ear -tipped, vaccinated to include rabies
vaccination, implanted with a radio frequency identification devise (RFID) (microchip) and
returned to the origi nal point of pick-up by a Pet Placement Partner, volunteer, or an Animal
Control Officer. However, any community cat may be euthanized upon the Discretion of the
Director in accordance with Section Nineteen, 1, G, above.
SECTION TWENTY: Injury to animals by motor vehicles; reporting requirement.
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at
once and render such assistance as may be possible without risking personal safety and shall
immediately report such injury or death to the animal's owner. In the event the owner cannot be
ascertained and located, such operator shall at once report the accident to the appropriate law
enforcement agency and/or animal services.
SECTION TWENTY-ONE: Disposal of bodies of dead animals
1. Any owner of any animal, upon the death of such animal, shall immediately dispose of the
carcass by burning, burying at least two (2) feet below the surface of the ground, or other
authorized method of disposal; however, nothing in this section shall prohibit the disposal of such
animal carcass to companies licensed to do businesses in this County.
2. It is unlawful to dispose of the carcass of any animal by dumping such carcass on any
public or private property.
3. Any owner of any animal shall be responsible for the costs of disposing of the animal in
instances where the Division disposes of the animal due to any emergency or the owner’s failure
to act. The costs of disposal shall be established by the Board by resolution.
SECTION TWENTY-TWO: Tampering with animal traps or capture devices.
No person shall willfully tamper with, remove, alter, destroy, or disable any animal
control trap, cage or capture device, set out or placed by an animal control officer or a person or
organization authorized by the animal control division. Any person who violates this section is
subject to a fine in an amount set by resolution of the board of county commissioners.
SECTION TWENTY-THREE: Livestock.
1. Livestock fences. Every owner of livestock shall erect and/or maintain a fence to contain
and confine all livestock kept or maintained on his/her premises. Such fence shall be sufficiently
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strong and substantial so as to prevent egress of livestock. Failure to so erect and/or maintain the
fence in reasonably good condition shall be deemed a violation of this chapter. The owner of
livestock shall, within twenty-four (24) hours of initial contact from the Division, repair or erect a
fence and/or make arrangements for the placement of livestock so as to have the livestock confined.
If the fence is not repaired or erected, or arrangements have not been made for the placement of
livestock within the twenty-four-hour period, the owner may receive a civil citation.
2. Livestock at large. Any owner of livestock who unlawfully, intentionally, knowingly or
negligently permits the same to run at large or stray upon any street, roadway, right-of-way, other
public area or the private property of another without consent or their authorized agent or lessee,
shall be deemed to be in violation of this chapter.
3. Equine infectious anemia/Coggins.
A. All horses within the County or transported into the County must have a report of
a negative Coggins (EIA) test conducted within the previous twelve (12) months. A foal under six
(6) months of age, is exempted from test requirements when accompanied by its dam which has a
report of a negative Coggins test conducted within the past twelve (12) months.
B. All horses, other than those sold for slaughter, must have a report of a negative
Coggins test conducted within the previous twelve (12) months for change of ownership. The
negative Coggins test report must be provided to the new owner or custodian at the time of change
of location or ownership.
[. . .]
SECTION TWO: 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 court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: 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 Ordinance may be renumbered or re -
lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or
any other appropriate word.
16.D.15.a
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SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ______ day of ________________, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: _____________________________ By: _____________________________
, Deputy Clerk Andy Solis, Chairman
Approved as to form and legality:
_______________________________
Emily R. Pepin
Assistant County Attorney
16.D.15.a
Packet Pg. 1482 Attachment: DRAFT Animal Control Ordinance amendment 53018 (5776 : Animal Control Ordinance Revision)