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Agenda 01/26/2010 Item #17DAgenda Item No. 17D January 26, 2010 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to amend the Animal Control Ordinance in order to revise the dangerous dog declaration appeals processes, establish regulations relating to feral cats, and add provisions regarding the confinement of dogs Objective: To insure the health of the human residents and visitors of the County, with the secondary purpose of insuring the health of animals in the County. Considerations: On October 13, 2009 Michele Antonia brought before the Board of County Commissioners a proposal from the Collier Community Cat Coalition to revise the Animal Control Ordinance to accommodate a trap- neuter -retum program for feral cats. The BCC directed the County Manager or his designee to propose changes to the animal control ordinance and vet them through the Domestic Animal Services Advisory Board. On November 10, 2009 the BCC approved the following conceptual changes to the animal control ordinance: Revisions to accommodate trap- neuter - return of feral cats, including: addition of appropriate definitions in Section Two; addition of a specified rabies quarantine protocol for ear notched/tipped/otherwise marked cats in Section Six; exemption from licensure for feral cats belonging to registered colonies in Section Seven; and a new Section Seventeen that stipulates that feral cat colonies will be permitted when registered with an agency contracted with Collier County to monitor and manage a trap- neuter -return program. 2. Inclusion of anti - cruelty provisions in Section Nine to prohibit chaining of dogs, except under specific circumstances. At the request of the Domestic Animal Services Advisory Board staff has also added a revision of the definition of "proper enclosure" in Section Ten to include requirements for adequate space. 3. Revisions in Section Ten (the Dangerous Dog section) to 1) replace the three- person panel currently used to hear appeals of dangerous dog determinations with the Special Magistrate and 2) clarify procedures for appeals of dangerous dog determinations to the courts. Staff recommends that concurrent to the above changes the Board of County Commissioners executes a Memorandum of Understanding with the Collier Community Cat Coalition wherein the Coalition agrees to monitor and manage and community -wide trap- neuter -return program. At its January 12, 2010 meeting, the Board of County Commissioners considered preliminarily the language associated with the changes proposed above and directed the County Manager or his designee and the Domestic Animal Services Advisory Board to craft an anti - chaining provision that allowed for reasonable tethering of dogs. At its regularly scheduled January 19, 2010 meeting the Advisory Board voted 4 -3 to recommend to the BCC that the language as Agenda Item No. 17D January 26, 2010 Page 2 of 15 presented in the attached ordinance be approved. In summary, tethering of dogs will be permissible only when the owner is present outside with the dog and other reasonable safety precautions are taken. Also at the January 12, 2010 Board of County Commissioners meeting, staff was directed to devise an implementation plan for the anti - chaining provision that allowed a grace period and encouraged voluntary compliance. DAS will make every attempt to educate the public regarding this new aspect of the ordinance via all available media outlets and will allow a three -month grace period from the date of adoption of the ordinance changes prior to issuance of any citations. Further, as is standard protocol, in each instance where a violation is witnessed a warning will be issued prior to the issuance of any citations. Dogs Deserve Better, a national nonprofit organization with local representation, has offered to assist dog owners in coming into compliance through education, dog training, provision of fencing or appropriate containment systems, and accepting surrendered animals as necessity and financial resources allow. Advisory Board Recommendation: At its January 19, 2010 meeting, the Domestic Animal Services Advisory Board (DASAB) voted to recommend to the Board of County Commissioners that the proposed amendments to the Animal Control Ordinance be approved. Fiscal Impact: No Fiscal Impact is associated with this action. Growth Management Impact: No Growth Management Impact is associated with this action. Legal Considerations: The proposed action has been reviewed by the County Attorney's Office and is legally sufficient for Board action. - CMG Recommendation: Recommendation to amend the Animal Control Ordinance in order to revise the dangerous dog declaration appeals processes, establish regulations relating to feral cats, and add provisions regarding the confinement of dogs. Prepared by: Amanda Townsend, Director, Domestic Animal Services Agenda Item No. 17D January 26, 2010 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17D Item Summary: Recommendation to amend the Animal Control Ordinance in order to revise the dangerous dog declaration appeals processes, establish regulations relating to feral cats, and add provisions regarding the confinement of dogs. Meeting Date: 1/26/2010 9:00:00 AM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 11412010 11:44 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 11412010 11:46 AM Approved By OMB Coordinator Date County Manager's Office Office of Management S Budget 1/1412010 9:02 AM Approved By Jeff Klatzkow County Attorney Date 111912010 2:69 PM Approved By Sherry Pryor Managementl Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1/2012010 8:48 AM Approved By Marla Ramsey Administrator- Public Services Date Public Services Division Public Services Division 1/2012010 9:03 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 112012010 12:36 PM Agenda Item No. 17D January 26, 2010 Page 4 of 15 ORDINANCE NO. 2010- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2008-519 PERTAINING TO ANIMAL CONTROL, BY AMENDING SECTION TWO, "DEFINITIONS," SECTION SIX, 'BABIES CONTROL," SECTION SEVEN, "LICENSE CERTIFICATE; TAGS, VACCINATION REQUIRED," SECTION NINE, "INHUMANE TREATMENT OF ANIMALS," AND SECTION TEN, "DANGEROUS OR VICIOUS DOGS, DEFINITIONS AND PROCEDURES," AND BY ADDING SECTION SEVENTEEN, "FERAL CATS," IN ORDER TO AMEND THE DANGEROUS DOG DECLARATION APPEALS PROCESSES, ESTABLISH REGULATIONS RELATING TO FERAL CATS AND ADD PROVISIONS REGARDING THE TETHERING OF DOGS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 9, 2008, the Board of County Commissioners (Board) adopted Ordinance No. 2008 -51, repealing prior ordinances pertaining to animal control in order to establish revised, more stringent procedures and violations relating to dangerous dogs and also provide for an efficient method of revising fee schedules; and WHEREAS, the Board desires to amend Ordinance No. 2008 -51, to amend the dangerous dog declaration appeals processes, establish regulations relating to feral cats and add provisions regarding the tethering of dogs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 200&51. Section Two of Ordinance No. 2008 -51 is hereby amended as follows: SECTION TWO: DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aggressive animal means any animal of fierce or dangerous propensities likely to cause physical injury or property damage or that exhibits traits of ungovemableness. Words Underlined are added; Words FAmak Rfeagk are deleted. Page 1 of 11 Agenda Item No. 17D January 26, 2010 Page 5 of 15 Animal means every living dumb creature. Animal Sservices means the Collier County Domestic Animal Services department. 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. Director of animal services means the director of the Collier County Domestic Animal Services department, or his or her designee. F.arnotched means a `w" has been cut from the tin of the left ear of a cat F.artipped means the tin of the left ear of a cat has been cut in a straight line. Feral cat means a cat that is free roaming and exists in a wild or untamed state. Feral cat colony means a group of cats that conarestates, more or less. as a unit. Nonferal cats that congregate with a feral cat colony shall be deemed a part of it. Health officer means the director of the County health department, or his designee. Stable means any place of business or premises used to maintain four - legged grazing animals for the purpose of either a riding stable, pony rides, livery stable, animal rental and/or animal boarding facilities, for a fee. Tether means to restrain a dog by tying the dog to any object or structure. includia¢ usine a leash to walk a dog. Words Underlined are added; Words Stmak Thmagh are deleted. Page 2 of 11 Agenda Item No. 17D January 26, 2010 Page 6 of 15 Torture, torment or cruelty means any act, omission or negligence causing or allowing to continue unnecessary or unjustifiable pain or suffering when there is remedy or relief reasonably available. their feral cat colonies. Trap - neuter - return program means the 2 actice of trap- neuter -return and other best management practices intended to diminish the population of feral cats within the community. Vaccination means administering to any animal, pursuant to a certificate of vaccination issued by a Iicensed state veterinarian, an anti - rabies vaccine approved by the state department of health and rehabilitative services. Wild animal means any living non - domesticated species defined as wildlife by the wildlife code of the state fish and wildlife conservation commission, and any free - roaming cat or dog. SECTION TWO: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2008-51. Section Six of Ordinance No. 2008 -51 is hereby amended as follows: SECTION SIX: RABIES CONTROL. 1. The director of animal services shall give first priority to requests of the health officer to investigate cases involving rabies or the suspicion of rabies. 2. Any person having knowledge of an animal biting, scratching or otherwise wounding a person by contact shall immediately report the facts to the County health department or to the department of animal services, including: A. The victim's name, approximate age and address; B. The animal owner's name and address; C. The animal's description and location; and D. Names and description of other persons and animals involved. 3. An animal known to have bitten or scratched a human or an animal suspected of having rabies shall, if possible, be captured or taken into custody by the director of animal services, 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 of animal services. Impoundment and boarding fees will be paid by the owner of the animal. Words Underlined are added; Words Somek-Threugk are deleted. Page 3 of 1 t Agenda Item No. 17D January 26, 2010 Page 7 of 15 Other animals will be impounded and quarantined by direction of the health officer or director of animal services. 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 of animal services. the cat cannot be trapped for impoundment it will be observed daily by its feral cat caregiver. Feral cats that are not eamotched or eartiMMd will be deemed to be unvaccinated. 4. Wild animals that are susceptible of carrying rabies, that are being held in captivity, or possessed as pets by private persons who are properly licensed, but which animals have not been vaccinated with a proven anti - rabies vaccine that has been developed for that specified species of animal and which vaccine is recognized as an effective vaccine by the health officer, or for which no known rabies incubation period has been established by research recognized by the health officer, which animal has either bitten a human being or which animal is suspected of having rabies, shall be impounded and quarantined by the director of animal services 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. if ii��R4 ii• SECTION THREE: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 2008 -51. Section Seven of Ordinance No. 2008 -51 is hereby amended as follows: SECTION SEVEN: LICENSE CERTIFICATE; TAGS, VACCINATION REQUIRED. 1. Any owner of a dog or cat shall obtain a County license for each such animal when the animal is four months old or older. A. The license will be issued for a period of one year and is required to be renewed annually thereafter and must remain current at all times. B. The record corresponding to the license shall contain the name of the owner, address, breed, sex and color of each animal, or other descriptive data. Words Underlined are added; Words are deleted. Page 4 of 11 Agenda Item No. 17D January 26, 2010 Page 8 of 15 C. A tag designating the license number shall be issued. D. The tag shall be affixed to the animal's collar or harness at all times, except when the animal is confined, securely fenced or participating in an organized match, show, trial, or obedience training. E. The license issued under this section shall not be transferable from animal to animal or from owner to owner. F. Each license and tag must be obtained from persons designated by the director of animal services. License forms provided by the director of animal services for the registration and licensing of dogs and cats shall be completed and be submitted to the director of animal services. G. Veterinarians are authorized to sell dog licenses and cat licenses and are authorized to charge a surcharge for this service. The amount of the authorized surcharge is established and revised by resolutions adopted by the Board of County Commissioners. Forms and license tags will be furnished by the County to the veterinarian. 2. Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for rabies when the animal is four months old or older. The owner of every dog, cat, and ferret shall have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall provide proof of vaccination upon demand of the health officer or his designee or any other person authorized to enforce this article. Animal services may deny issuance of a license to any animal without a current rabies vaccination. No vaccination is required if a licensed veterinarian certifies in writing that the vaccination would endanger the animal's health. 3 Cats belonging to feral cat colonies that are registered with an agency contracted with Collier County to manage a trap- neuter -return program shall be exempt from the requirement to license. 3 4. License fees are established and revised by resolutions of the Board of County Commissioners. A portion of each non- neutered/non- spayed animal license fee will be deposited in the County neuter /spay trust fund for the purpose of funding the County's neuter /spay program. The amount to be deposited is established and revised by resolutions adopted by the Board of County Commissioners. Words Underlined are added; Words Stmek 44wevO are deleted. Page 5 of 11 Agenda Item No. 170 January 26, 2010 Page 9 of 15 SECTION FOUR: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2008-51. Section Nine of Ordinance No. 2008 -51 is hereby amended as follows: SECTION NINE: INHUMANE TREATMENT OF ANIMALS. I . It shall be unlawful for any person to: A. Cause, encourage, allow, permit or suffer any dog, cock, or other animal to participate in, or be trained to fight other dogs or cocks, or to maim, mutilate or disfigure an animal of the same or another species, including as an object (lure) to tempt or entice another animal to race, usually on a track. B. Maim or disfigure any dog, cat, or other animal. C. Administer poison or expose any poisonous substance with reason to know that the same may kill an animal other than the common rat or mouse. D. Own or possess a dog that is known to habitually attack, injure, or kill other animals. E. Torment any animal or deprive any animal of shelter or sufficient quantity of good and wholesome food and water. F. Keep any animal in an enclosure without wholesome exercise and change of air. G. Abandon to die any animal that is maimed, sick, deformed or diseased. H. Beat and cause unnecessary injury and suffering to any animal. I. Carry any animal upon or leave any animal in any vehicle in a cruel or inhumane manner or in any manner that threatens the health of the animal, such as by overheating, lack of sufficient fresh air, wholesome food, and/or potable water. 2. Any enclosure used as a primary means of confinement for a dog must meet 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. Words Underlined are added; Words Swank ThfaugA are deleted. Page 6 of 11 Agenda Item No. 17D January 26, 2010 Page 10 of 15 terminates at both ends with a swivel; it does not weigh more than 1/8 of the doe's weight. and it is free of tangles. D The dog is tethered in such a manner as to prevent iniM. strangulation, or entanglement. tornadoes, tropical storms, or hurricanes. F The dog has access to water, shelter, and dry ground, G The dos[ is at least six months of age. J Mies shall not be tethered. H. The dog is not sick or iniured. I Pulley, running line or trolley systems are at least 15 feet in lengh and are less than 7 feet above the gr and J If there are multiple dogs each doe is tethered separately. .23. The director of animal services shall impound any animal found to be cruelly treated as defined in this article. .34. Whoever violates any provision of this section shall forfeit his right to license an animal in the County for one year in addition to any other penalty provided by this article or otherwise by law. Any ownership of such animal without benefit of a license shall be deemed an additional violation of this article. SECTION FIVE: AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2008-51. Section Ten of Ordinance No. 2008 -51 is hereby amended as follows: SECTION TEN: DANGEROUS OR VICIOUS DOGS, DEFINITIONS, AND PROCEDURES. Definitions. A. Dangerous or vicious dog means any dog that according to the records of the appropriate authority; Words Underlined are added; Words StFaek ThFauo are deleted. Page 7 of I 1 Agenda Item No. 17D January 26, 2010 Page 11 of 15 (1) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; (2) Has severely injured or killed a domestic animal while off the owner's property; (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting, or (4) 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 swom 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 eaual to or greater than the length of the animal from the tip of the nose to the base of the tail doubled then squared and divided by 144. For example, a dog measuring 30 inches from the tip of the nose to the base of the tail will require a 25- square foot enclosure (30 x 2 = 60, x 60 = 3600. 3600 / 144 = 25). The height of the Words Underline are added; Words &wales are deleted. Page 8 of 11 Agenda Item No. 17D January 26, 2010 Page 12 of 15 enclosure shall be equal to or greater than the length of the animal from the tip of the nose to the base of the tail multiplied by 1.5. 2. Procedure. A. If the director of animal services, 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 Chapter 48, Florida Statutes, 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. B. Any owner of a dog that is initially declared dangerous by the director of animal services may appeal that decision to the Code Enforcement Special Magi rate. a dwe member appeals paml seasisting of Ow following member-s! C9 meter -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. C. If the Special Magistrate's determination is to uphold the dangerous dog classification, animal services shall provide written notification to the owner as required in subsection (A) above. The dog owner may file a written request for a hearing in county court to appeal the classification within ten (10) business days after receiving notice. This request for hearing must be filed with the county court, and a copy provided to animal services within the time provided. Any such appeal shall not be a hearine de nova, but shall be limited to appellate review of the record created before the Special Magistrate. Words Underlined are added; Words Svuek-Vreagl3 are deleted. Page 9 of 1 I Agenda Item No. 17D January 26, 2010 Page 13 of 15 D. If the dog is not impounded during this time, the dog must be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. No dog that is the subject of an investigation shall be relocated or ownership transferred during this time. E. 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. ftrFS�• +•� SECTION SIX: ADDITION OF SECTION SEVENTEEN TO ORDINANCE NO. 200 &51. SECTION SEVENTEEN: FERAL CATS. I 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. trap neuter return program shall be given 15 days to remedv said violation Thereafter, all normal provisions of this Ordinance apply. 4 For the purposes of enforcement of this Ordinance, a feral cat's caregiver shall be considered its owner. SECTION SEVEN: CONFLICT AND SEVERABILITY. In the event this article conflicts with any other ordinance of the County, or any municipality therein, or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, Words Underlined are added; Words &vu& -rmeu0 are deleted Page 10 of 11 Agenda Item No. 17D January 26, 2010 Page 14 of 15 such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: 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. SECTION NINE: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCY, Clerk COLLIER COUNTY, FLORIDA. By: , Deputy Clerk Approved as to form and legal sufficiency: f'� lleen M. Greene Assistant County Attorney 04•DAS -01108/980 By: FRED W. COYLE, CHAIRMAN Words Underlined are added; WordsS"sk Vweao are deleted. Page I I of t t I Naples Dally News a Sunday, January 10,2010.22D s a a , NOTICE OFINfENT TO CONSIDER ORDINANCE )- Notice is hereby ggiven that on Januarryy 26,:2010 in the Boardroom, 3rd Floor, Ad, ministration Budding, Collier County Government Censer, 3301 East"ramlami Trail Netp% Florida, the Board of County COmmissiOners will consider the enactment o a County Ordinance. The meeting will common" at 9:00 A.M. The title of the'. posed Ordinance Ism followr. AND ORDINANCES; AND PROVIDING AN EFFECriVE'DATE. -V Copies of the proposed Ordinance arc onfile with the Clerk to .the �BoeM and arc. available for IMpectlom All Interested Parties are invited to mend and be heard. " on IV IIJV IWes m speaa on an rtem. - Persons wishing to have written or graphic materials Included in M packets must submit sold material a migimum of .3 weeks prior o phblic hearing. - I" any "se, writtep materials Intended to be co Board shall bi submitted to the appropriate County staff A minimui prbr to the Public hearing,: All material used In y entatlons bit will become a permanent part of the records.. proceedings who de.. to appeal a decision of the Board will need P gs pertairing thereto and therefore, may need to ensure record of the proceedings Is made, which record Includes the test -. den" upon which the appeal is based. If yyoouu are a person tvlth a "disability, who needs any accommodation tipa m dte Mrs proceeding, y arc entitled; at no cost to you to t illoottteed'' a;: the Board orrtatt the .Collier County Faclitles Maro� gemeM Deyart nlami Trail East, Building W, Naples, ,Florida 3.4112, M N devices for Me, hearing "impaired are availabl e in Me X. `: Agenda Item No. 17D January 26, 2010 Page 15 of 15 SSIONERS y ` Clerk. N 1822572 6