Backup Documents 01/26/2010 Item #17D
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
0701.
To: Clerk to the Board: Please place the following as a:
XXX Nonnallegal Advertisement 0 Other:
(Display Adv., location, etc.)
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Originating Deptl Div: Domestic Animal Services
Person: Amanda Townsend, Director (252-6948) Date:
1/4/10
Petition No. ([f none, give brief description): Amendments to Animal Control Ordinance
Petitioner: (Name & Address): DAS
Name & Address of allY per:ion(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above
Hearing before
BCC
11ZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. January 26, 2010 (ad to run not later than
SUNDAY t/lO/IO)
Newspapcr(s) to be used: (Complete only if important):
XXX Naples Daily News
o Other
XXX Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDfNANO: OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2008-51, PERTAINING TO ANIMAL CONTROL, BY AMENDING SECTION TWO,
"DEFINITIONS," SECTION SIX, "RABIES 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 nOGS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES; ANn PROVIDING AN EFFECTIVE DATE.
Companion pctition(s), ifany & proposed hearing date: N/A
Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs:
001-155410-649100.
'\ 7i\- //~)
/C) '); ,/ ~
'- v,,;..<;.....
blvTsion Adminis tator or Designee, Date
/ ,
(;/ 7'//"C'
List Attachments:
Copy of Proposed Ordinance initialed by Assistant CountyAttorney
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same. is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o Requesting Division
o Original
o County Manager agenda file: to
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
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FOR CLERK'S OFFICE USE ONLY:
Date Received: --L-'"\-'::~ Date of Poblic hearing: \- U,-201 0 Date Advertised: HQ=-1ol0
09-DAS-00070/
170 ;!~:1
ORDINANCE NO. 2010-
AN ORDINANCE OF THE BOARD OF COmiTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2008-51,
PERT AlNING TO ANIMAL CONTROL, BY AMENDING SECTION
TWO, "DEFINITIONS," SECTION SIX, "RABIES CONTROL,"
SECTION SEVEN, "LICENSE CERTIFICATE; TAGS, VACCINATION
REQUIRED," SECTION NINE, "I)\"HUMANE TREATMENT OF
ANIMALS," AND SJi:CTION 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 ANI> ORJ)/NANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on September 9, 2008, the Board of County Commissioncrs (Board) adopled
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 efficicnt method of revising fee schedules; and
\VHEREAS, the Board desires to amend Ordinance No. 2008-51, to amend the dangerous
dog declaration appcals 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, tbat:
SECTION ONE:
AMENDMENTS TO SECTION TWO OF ORDINANCE 2'10.2008-51.
Section Two of Ordinance No, 2008-S I 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 tbis 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 exhihits traits of ungovernableness.
Words Underlined are added; Words StFldeL ThrsHgn are deleted.
Page 1 of 11
17 D ~~I
Animal means every living dumb creature,
Animal S,!-ervlces means the Collier County Domestic Animal Services department.
Animal services center means anv place approved as such bv the Board of Counly
Commissioners for the detention, care and/or treatment of animals in custody.
At-large means off the premises oflhe 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 dcpartment, or his or her designee.
Earnotched means a "v" has been cut from the tin of the left ear of a cat.
Ear/im)ed means the tip of Ihe left car of a cat has becn cut in a straight line,
Feral cat means a cat that is frcc roaming and exists in a wild or wltamed state.
Feral cat caregiver mean_s any person who oTovides food. water. or shelter. or
otherwise cares for !a) feral cat!s).
Feral cat colonv means a groun of cats that conl!fegates, more or less, as a unit.
!\onferal cats that congrcgate with a feral cat colonv shall be deemed a part of it.
Health officer means the director of Ihe County health department, or his designee.
>!<*''''******'''
Torture, torment or cruelty means any act, omiSSIOn or negligence causing or
allowing to continue unnecessary or unjustifiable pain or sutTering when there is remedy or
reliefreasonably available.
Trap-neuter~refurn lneans the oractice of hUlnanelv traooiUll feral cats: ensuring
thcv are spaved or neutered. vaccinated. and e.motched or e.rtlwed; and returning them to
their feral cat colonies.
Trav-neuter-return DrOi!ram means the practice of trao-neuter-relurn and other best
management practices intended to diminish the population of feral cats within the
commlmitv.
Words Uflgyrlined arc added; Words Struek ThrougA are deleted.
Page 2 of II
17 0 I'~I
Vaccinalion means administering to any animal, pursuant to a certificate of
vaccination issued by a licensed state veterinarian, an anti-rabics 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 thc stale 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.
I. 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 dcparlment of animal scrvices, 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. Namcs and description of other persons and animals involvcd.
3. An animal known to havc bitten or scratched a human or an animal
suspected of having rabies shall, if possiblc, be captured or taken into cu"'ody by the
director of animal services, police, sheriffs office, or health omcer.
A. Unvaccinated dogs and cats will be impounded and quarantincd for ten days
of clinical observation in the animal scrvices center or at a local veterinarian
clinic authorized by the health officer or direclOr of animal services.
1mpoUl1dment and boarding fees will bc paid by the owner of the animal.
Other animals will be impounded and quarantined by direction of the health
olliccr 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
servlCes.
C. Earnotched or eartipped feral cats will bc impounded and quarantined for
ten davs of clinical observation in the animal services center if possible. If
the cat cannot be trapped for impoUl1dmcnt. it will be observed dailv bv its
Words Underlined are added; \Vords Strasl( TlKeLiga are deleted.
Page3 of 11
170'1
feral cat caregiver. Feral cats that are not earnotched or eartiooed will be
deemed to be utlVaccinated.
4. Wild animals that arc susceptible of carrying rahies, that are being held in
captivity, or possessed as pcts 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 vaccinc by thc hcalth ofticcr, or for which no known rabies incuhation period has
been established by research recognized by Ihe health officer, which animal has eithcr
bitten a human being or which animal is suspected of having rabies, shall be impounded
and quarantined by the dircctor 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.
. . * + + + + + * +
SECTION THREE:
AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO.
2008-51.
Section Seven of Ordinance No, 2008-51 is hereby amcnded as follows:
SECTION SEVEN: LICENSE CERTIFICATE; TAGS, V ACCINA TION REQUIRED.
l. Any owncr of a dog or cat shall obtain a County license for each such
animal whcn 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
renewcd annually thereafter and must remain current at all times,
B. Thc rccord corresponding to the licensc shall contain the name of the
O\'o'llcr, addrcss, brccd, scx and color of each animal, or other descriptive
data.
C. A tag dcsignating the license number shall bc issued.
D, The tag shall bc af1ixcd to thc animal's collar or harness at all timcs, except
when the animal is confined, securely fenced or participaling in an
organized match, show, trial, or obedience training.
E. The license issued under this section shall not bc transferable from animal to
anirnal 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
Words Underlined are added; Words Stmck-Through are deleted.
Page 4 of 1 ]
17 Dll
animal scrvices 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 rcvised by resolutions adopted by
the Board of County Commissioners. Forms and liccnse tags will be
furnished by Ihe County 10 the veterinarian.
2. Any owner of a dog, eal, 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 vaccinalion.
Thereaftcr, the interval bctween vaccinations shall conform to the vaccine manufacturer's
dircctions, Every owner shall provide proof of vaccination upon dcmand of the health
ot1icer or his designee or any otber person authorizcd to enforcc this article. Animal
services may deny issuance of a license to any animal without a current rabies vaccination.
No vaccination is required if a licenscd veterinarian certifies in writing that thc vaccination
would endanger the animal's health,
3. Cats belonging to feral cat colonies that are registered with an agencv
contracted with Collier Countv to manage a trap-neuter-return program shall be exempl
from the requirement to license.
;> .'1. License fees arc cstablished and revised by resolutions of the Board of
County Commissioners. A portion of cach non-neutered/non-spayed animal license fec
will be deposited in the County neuter/spay tmst fund for the purpose of funding the
County's ncuter/spay program. The amount to be deposited is established and revised by
resolutions adopted by tbe Board of County Commissioners.
SECTION FOUR: AMENDMENTS TO S~:CTION NINE OF ORDINANCE NO. 2008-51.
Section Nine of Ordinance No. 2008-51 is bcreby amended as follows:
SECTION NINE:
INHUMANE TREATMENT OF ANIMALS.
], It sball be unlav"ful for any pcrson to:
A. Cause, encouragc, allow, permit or suffer any dog, cock, or other animal to
participatc in, or be trained to fight other dogs or cocks, or to maim, mutilate
or disfigure an animal of tbe samc or anotber species, including as an object
(lurc) to tempt or entice anotber animal to rac~, usually on a track.
B. Maim or disfigure any dog, cat, or otber animal.
Words Underlined are added; Words 8tfUe~{ Threuga arc deleted.
Page 5 of II
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17011
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. Tonnent any animal or deprive any animal of shelter or sufficient quantity
of good and wholesome food and water.
F _ Keep any animal in an cnclosure 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. Anv cnclosure used as a nrimarv means of confinement for a do(! must meet
the detlnitioll of proper enclosure as stated in Scction Ten of this Ordinance. Continuous
fixed-point restraint shall not be used as a pnmarv means of confinement of a do~ and shall
be considered inhumane treatment. Occasional and reasonable tethenn~ is permitted whcn
all of the followim! conditions are met:
A. The dog is at least six months old or older. not sick or iniured. and if female
not in hcat.
B. The tether is made of a material manufactured for thc purpose of restraining
a dog. is at least ten feet in lcnglh. wei~hs no more than 1/8 the body weight
of the dog. has swivels at both ends. and is affixed to a properlv fitting
harness or collar.
C. The area to which the do~ has access is free of obiects that could result in
iniurv. entan(!lement. or stran~ulation.
D. The dOl! has access to nrotection from Ihe elements. good and wholesome
water. and dry ground.
E, The dog cannot leave the owner's property.
F. Tethering docs not occur during Den ods of extreme weather.
Words Und_erlined are added; Words Stn~13lt Tlmm-gh are deleted.
Page 6 of It
17 0 ~I
;0 1. The director of animal services shall impound any animal found to be
cruclly trcatcd as defined in this article.
,; "t. Whoevcr 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 bc deemed an additional violation or this article.
SECTION FIVE:
AMENDMENTS TO SECTION TEN OJ;' ORDINANCE NO. 2008-51.
Section Tcn of Ordinance No, 2008-51 is hereby amended as follows:
SECTION TEN:
DANGEROUS OR VICIOUS DOGS, DEFINITIONS, AND
PROCEDURES.
1. Definitions.
A. Dangerous or vicious dog means any dog that according to the
records of the appropriate authority;
(1) Has aggressivcly 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 offthe
owner's property;
(3) I-Ias been used primarily or 111 part for the purpose of dog
fighting or is a dog Irained for dog fighting; or
(4) Has, when unprovoked, chased or approached a person upon
the streets, sidcwalks, or any public grounds in a menacing fashion or apparenl 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 pcacefully and lawfully has been bitten or chased in a menacing fashion or
altacked by a dog,
C. Severe injury means any physical injury th.1t results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or rcconstructive surgery.
Words Underlined are added; Words .stnlGIc TfiF.eag9 are deleted.
Page 7 ofll
. ----I7lf-'.
D. Investigation is conducted by animal services. Animal services must
interview the dog's owner when possible and may rcquire a sworn affidavit from any
person desiring to have a dog classified as dangerous,
E. Proper enclosure mcans that, while on the owner's property, the dog
can be securely co,mned indoors or in a securcly enclosed and locked pen or structure,
suitable to prcvent the entry of young children and designcd to prcvcnt the animal from
escaping. Such a pcn or structure shall be structurallv 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 structurc, and shaH also provide protection from iniurv and the
elemenLs. The square footage of a orooer cnclosure used as a nrimarv mcans of
confinement for a dog must be equal to or grealer than thc lenL>th of Ihe animal from the tip
of the nose to thc base ofthc tail. doubled, then squared. and divided bv 144, For examole,
a dog measuring 30 inches from the tip of the nose to thc base of the tail will requirc a 25-
square-foot enclosure (30 x 2 - 60; 60 x 60 = 3600: 3600 I 144 ~ 25). The height of the
enclosure shall be equal to or greater than the length of the animal from thc tio of the nose
to the base of the tail multiolied bv 1.5.
2. Procedure,
A. If the dircctor of animal services, or his or her designee, makes an
initial dctcnnioation that a dog is dangerous, based on the initial investigation, the County
shall provide written notification of that detcnnination to the owncr of the dog. Notice shall
be by certified mail, by certilied hand delivery, by servicc pursuant to Chapter 48, Florida
Statules, or as otherwise authorized by Florida Statute. Thc director's initial determination
shall automatically become linaI unless thc dog's owner, within scvcn calendar days after
reccipt of thc notice, files a writtcn request for a hearing to challcnge the dircctor's initial
determination. The written request must be submitted to animal services. lfthe dog's owner
tiles a timely written request for a challenge hearing, the effective date of the detcnnination
shall be the date ofthc tinal decision of the Special Magistratc. CHallenge Roaring )')ooel.
B. Any owner of a dog that is initially declared dangerous by the
director of animal scrvices may appeal that dccision 10 the Code Entorcement Special
Magistrate. a three member appeals panekEmsisting-<>f-the folloy.in!; members: Geneml
Words Underlipcd are added; Words gtruek ll:rougfi are deleted.
Page 8 of II
.~---""~"",-,,,,-,-"'"'~~~~-'"""_.".~~-'""~"~'-~-'~'._.~,,~,.--,
17 Of'
manager af the BOHRI)" lmmaae oeeiet)" er his sr her emp1eyee c1esigRee, ami aRY"~
emplo)"ees in tfl. pusHe seryiees department, not unaer the Elir"ctiaR ar "aRtral of the
direetor af animal services, Vlha are eaasen 011 a caDe by eaGe basis by tile pualie seryiees
admieistrator.-This hcaring shall be held as soon as possible, but not more than 21 calendar
days and no sooner than 5 days at1er receipt of requesl from the owner. The hearing may
only be continued by agreement of both parties.
C. If the Special Magislrate's dctermination is to uphold the dangerous
dog classification, animal services shall providc written notification to the owner as
required in subsection (A) abovc. Thc 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 tiled with the county court, and a copy provided to
animal services within the time providcd, Anv such avpcal shall not be a hearing de novo.
but shall be limitedJo appellate review of the record creatcd beforc the Special Magistrate,
D. If the dog is not impounded during this lime, the dog must be
humanely and safely confined by Ihc owncr in a securely fenced or cnelosed arca pending
the outcome of the investigation and resolution of any hearings related to the dangerous
dog clu'5itieation. 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
ov-mer is unable or unwilling to securely contine the dog during thc investigation. Upon
written notice from animal services, the owner must allow access to the dog for the
purposcs of impoundment. If the dog is impounded during this time, the owner is
responsible for all costs rclatcd to impoundment unless the owner ultimately prevails and
the dog is not declared dangerolls.
* * * * * * * * * *
Words lJ..Jlgerlined are added; Words S-tnull( ThreugR are deleted.
Page 9 of II
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SECTION SIX:
ADDITION OF SECTION SEVENTEEN TO ORDINANCE NO.
2008-51.
SECTION SEVENTEEN:
FERAL CATS.
I. Feral cat colonies shall be permitted when registered with an agency
contracted with Collier Countv to managc a trap-neuter-return program.
2. Feral cat colonies shall be managed in comoliance with the terms and
conditions of such a contract.
3. In the event animal services receives a complaint of an alleged violation of
Section Eight of this Ordinance. the agcncv contracted with Collier Countv to manage a
trap-neuter-return program shall be given 15 davs to remedy said violation, Thereafter. all
normal provisions of this Ordinance applv.
4. For thc nurposes 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 contliets with any other ordinance of the County, or any
municipality therein, or other applicable law, thc more rcstrictive shall apply. If any phrase or
portion of this Ordinance is held invalid or unconstitutional by any court of compctcnt jurisdiction,
sucb portion shall be dcemed a separale, distinct, and independent provision and such holding shall
not affect the validily of thc rcmaining portion.
SECTION EIGHT:
INCLUSION 1:"1 THE CODE OF LA WS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part orthe Code of Laws and
Ordinances of Collier County, Florida. Thc sections of the Ordinance may be renumbcred or rc-
lettered to accomplish such, and the word "ordinance" may be changcd to "section," "article," or
any other appropriate word.
SECTION NINE:
EFFECTIVE DATE.
This Ordinance shall be e1fective upon Iiling with the Dcpartment of State.
Words Underlined are added; Words S~ruel: Through are deleted.
Page to of 11
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1'ro-,--
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
CmUlty, Florida this day of ,2010.
ATrEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
By:_______
, Deputy Clerk
, CHAIRMAN
Approved as 10 form and
legal sufficiency:
Co en M. Greenc
ssistant County Aliomey
04.DAS.OIIOB/980
Words Underlined are added; Words SffiK,k-~ are deleted
Page 11 of 11
170 'I
Acct #061999
January 4,2010
Attn: Legals
Naples News Media Group
1100 lmmokalee Road
Naples, Florida 34110
Re: Ordinance Amending Ordinance 2008-51
Dear Legals:
Please advertise the above referenced notice on Sunday, January 10,2010, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500087163
170 "
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on January 26, 2010 In the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida, the Board of County Commissioners
will consider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinance is as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2008-51, PERTAINING TO
ANIMAL CONTROL, BY AMENDING SECTION TWO, "DEFINITIONS," SECTION
SIX, "RABIES 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.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
170 :,
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
FRED COYLE, VICE-CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17n
Ii'
Martha S. Vergara
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Tuesday, January 05, 2010 10:00 AM
Naples Daily News Legals
Ord. Amending Ord, 2008-51 (Animal Control)
Ord. Amending Ord. 2008-51 (Animal Control),doc; Ord. Amending Ord. 2008-51 (DAS
1-26-2010).doc
Legals,
Please advertise the following attached ad on Sunday, Januarv 10, 2010.
Please send an ok when you receive.
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha. verqa ra<!ilcollierclerk.com)
17D
'I
Martha S. Vergara
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, January 05, 2010 10:01 AM
Martha S. Vergara
RE: Ord, Amending Ord. 2008-51 (Animal Control)
ok
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Tuesday, January 05, 2010 10:00 AM
Posted To: Legals - NDN
Conversation: Ord. Amending Ord. 2008-51 (Animal Control)
Subject: Ord. Amending Ord. 2008-51 (Animal Control)
Lega Is,
Please advertise the following attached ad on Sunday. January 10. 2010.
Please send an ok when you receive.
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha. verqara (alcoll ierclerk.com)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk(o)collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
I
170 ,
Martha S. Vergara
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, January 05,201010:01 AM
Martha S, Vergara
RE: SSA#12
ok
._~_.~--~'"~-----_._-~,.~,.__.._-~..__._._~~~'
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Tuesday, January 05, 20109:50 AM
Posted To: Legals - NDN
Conversation: SSA #12
Subject: SSA # 12
Legals,
Please advertise the following attached ad on Sunday, Januarv 10. 2010.
Please send an ok when you receive.
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha. verqa ra@lcollierclerk.com)
Please visit us on the web at W\vw.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office byemailingheIDdesk(ci)collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
I
170; ~:I
Martha S. Vergara
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy.com]
Sunday, January 10, 2010 12:11 AM
Martha S. Vergara
Thank you for placing your classified advertisement.
Ad# 1833523
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on January 26,2010 in the
Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The
meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 2008-51, PERTAINING TO ANIMAL CONTROL, BY AMENDING SECTION TWO,
"DEFINITIONS," SECTION SIX, "RABIES CONTROL," SECTION SEVEN, "LICENSE CERTIFICATE;
TAGS, V ACCINA TION 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 REGULA TIONS RELATING TO FERAL
CATS AND ADD PROVISrONS REGARDING THE TETHERING OF DOGS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Iile
with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be
heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator
prior to presentation ofthc agenda itcm to be addressed. Individual spcakers will be limited to 5 minutes on any
item. Thc selection of an individual to speak on behalf of an organization or group is encouraged. Ifrecognized
by the Chairman, a spokesperson for a group or organization may bc allotted 10 minutes to speak on an item.
Pcrsons wishing to have written or graphic materials included in the Board agenda packets must submit said
material a minimum of 3 weeks prior to the respective public hearing. In any case, writtcn materials intcnded to
bc considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to
the public hearing. All matcrial used in presentations before the Board will become a permanent part of thc
record. Any person who decides to appeal a decision of the Board will need a record of the proceedings
pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability
who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to
the provision of certain assistance. Pleasc contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening
dcvices for the hearing impaired are available in thc County Commissioners' Office. BOARD OF COUNTY
COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN FRED COYLE, VICE-
CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) January 10,2010
No 1833523
You also have the exciting option to enhance your online advertisement with extended text, photos and even
multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of onlinc
I
17D \1
shoppers that visit our classiIied section every day. You can also choose to add shipping and delivery options
for the buyer.
Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos
and even video/audio of your item.
To log in to the New Ad Wizard use your email address and existing password. Go to:
http://secure.adpav.com/adwizard login.aspx'?I=15247838, if this link is inactive, cut and pastc it into your
browser address window.
If YOll necd any assistance with your advertisement, please contact our classiIieds department. 239-263-4700
Thank you for using naplesnews.com Online Classifieds.
2
Ord A~~; ~
2(fJ'6 -Sl
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~
NimQ OI!..m..r"R1~_""NQ
Notice il here~lven ttlatOl'i January 26, ~010 In the. Boardroom, 3rd floor, Ad-
ministration Iu" .COII~.'~ ~ Cemet', 3J01-East Tamieml Trail,
N8DIes. fforl, d.. the'Olrd of Coun~ CommIssloners will cQO$lder the enactment of
. C:ounty OrdIMnce. The medlngWIII commence I:t9:00A.M., The tItl& of th. pro-
~Oi't.tlhance'IS.,'fotIowI:
AN ORDINANCE Of- THE BOARD ,OF O)UNTY COMMiSSIONERS OF COUIER COUN.
TY, fU)AIDA. AM~NDIHG ORDINANCE NO. 2008-51, PEJn'AI~NG TO. ANIMAL CON-
TROl., BY AMENDING SECTION 'TWO. "DfflNmONS," SECTION SIX. "RAlIES CON-
"Ol:Ol." SEc;noN SEVEN, "UC&NIl Q:llllflCATE; TAGS, VACO~TItJN R!QUlRED,"
SECTION NrNE. "INHUMANE tftEAUtE'NT OF ANlMALS;- AND secnONTEN, "0,41..
MaROUS OR, VlOOUS ,oPG5., DmIlfTlON$ ANI) PROaOlJkI.S;" AND !W,' ADDING
$ECTlOttSMNTEEN, "FERAL CATS;" IN ORDER TO AMEND nt! DANGEROUS DOG
Dl:CLAMTlON APffALS PROCESSES, ESfABU$H REGULATIONS. RELATING TO FERAL
CATS AND ADD PROVIStONS REGARPlNG ntE TETHERING OF, DOGS; PROVIDING
fIQR CONFLICT ANqJ..M8A8IUTY; PllOVtDING FOR INCLUSION IN CODE Of LAWS'
AND 0ftDtNAHCIS; _PJlOVlOtNG AN EFFECTIVE DATE.
CopieS:ofthli. ~~...eon fIle with the Clerk ,to the -eo.rd and are
av.Illablefar~~.AIt~ partles.re Invltedtoattendandbt'hlan:l,
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NAPLESIBONITA DAILY NEWS
Pubtished Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daily. a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on January 10,2010
1 time in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples. in said Collier County, Florida. and that the said
newspaper bas heretofore been continuously published in said Collier
COWlty, F1onda; distributed in Collier and Lee counties of Florida
each day and bas been entered as second class mail matter at the 'post
office in Naples, in said Collier County, P1orida. fOf a period of 1
year ncxt preceding the: fU'St publication ofihc attached copy of
advertisement; and affiant further says that he bas neither paid nor
promised any person, fIrm or corporation any discoWlt rebate,
Qff~"Curin.thisadvmi,emcn(for
( Signature of affiant)
Sworn to and subscribed before me
This 13th day of January, 2010
_\.<~ { ~
(Signature of notary public)
....~~~~~~..~::;#'..
~~o /,(";;, KAROL E KANGAS
~. : : . ~ Notary Public. State of Florida
Yo::,,,, :~f My Comm. Expires Jul 29, 2013
,.'t,1:;:,~~'" Commission # 00 912237
17 nit
,..,.. wishing ttl MN .,writtIn or 11'", aptlle materia!,; included In thI ,oard ~
~,..,tlbnlt s.tI'd I\'II'tIariIII a minimum of J w.ekJ pr\or~'"
. ~. InltnJ~wrltt8nmat8rllilllnt.n6Idtobt tilt
thall_ ~ to the oIPPfOpriaq County lUff a miflin1unt:i:lfllift!tt\,.
Driot to tI\I pubIk ~ All matjrial used In pNMfltMIoN ~ .. .IOliiCf
WftI...,,~P*tlJftherecord. . .
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170
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original dncum('nts slwuld be hand delivered 10 the Board CHlke Th.: completed routing slip and original
documents are to be forwarded to the Board Office only afttl' the Hoard has tnktn ,1Ctioll on the ilem.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or inlormation needed. If the document is already complete with the
exception afthe Chainnan's sip-nature, draw a line through [outing lines # 11hrOlloh #4, comnlete the checklist, and fomard to Sue Filson line#5).
Route to Addressee(s) Office Initials Date
(List in routinl1 order)
I.
2.
3.
4. Colleen Greene, Asst. County Altorney County Altorney CMG 2/1/10
5, Ian Mitchell, Supervisor - BCC Office Board of County Commissioners ~ l/Z{ (0
Operations
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in lhe event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the Bee Chairman's signature are 10 he delivered to the BCC office only after the Bee has acted to approve the
item)
Name of Primary Staff Colleen Greene, Asst. County Attorney Phone Number 252-8400
Contact
Agenda Date Item was 1-26-10 Agenda Item Number 17-0
Approved by the BCC
Type of Document Ordinance 2010-03 Number of Original One
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Inilial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most lelters, must be reviewed and signed
by Ihe Office oflhe County Attorney, This includes signature pages rrom ordinances,
resolutions, etc. signed by Ihe County Altorney's Office and signature pages from
contracts, agreements, etc. thai have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Altorney's
Office and all olher arties exec t the BCC Chainnan and the Clerk to the Board
The Chairman's signature line date has been entered as the date of Bee approval of the
document or the final ncaotiated contract date whichever is ap licablc.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by lhe BCC on 1-26-tO and all changes made during the
meetiug have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Ves
(Initial)
CMG
N/A (Not
A licable)
2,
3,
4.
5,
6.
CMG
CMG
CMG
CMG
CMG
J: Forms! County Forms! BeC Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26,()5, Revised 22405
04-COA-O 1] 90/1245
MEMORANDUM
Date:
February 9,2010
To:
Colleen Greene
County Attorney's Office
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2010-03
Enclosed please find a copy referenced above (Agenda Item #17D), which
was approved by the Board of County Commissioners on Tuesday, January
26,2010.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosures (1)
1 7 D 'I''ff
17D
MEMORANDUM
Date:
February 9,2010
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance: 2010-03
Attached, for your records you will find one (1) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, January 26, 2010.
If you should have any questions, please call me at 252-8411.
Thank you.
Attachments
170 I~
ORDINANCE NO. 2010-03
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2008-51,
PERTAINING TO ANIMAL CONTROL, BY AMENDING SECTION
TWO, "DEFINITIONS," SECTION SIX, "RABIES CONTROL,"
SECTION SEVEN, "LICENSE CERTIFICA TE; 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 Commissioncrs (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, thc Board desircs 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. 2008-51.
Section Two of Ordinance No. 2008-51 is hereby amended as follows:
SECTION TWO:
DEFINITIONS.
The following words, tcrms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, cxcept where the context clearly indicates a
different meaning:
Aggressive animal means any animal of fierce or dangerous propensities likely to
cause physical injury or property damage or that exhibits traits of ungovernableness.
Words Underlined are added; Words Stmek ThrougH are deleted,
Page 1 of II
17 ;11
Animal means every living dumb creature.
Animal $!i.ervices means the Collier County Domestic Animal Services department.
Animal services center means any place approved as such by the Board of Countv
Commissioners for the detention, care and/or treatment of animals in custody.
At-large means off the premises of the owncr and not under thc 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.
Earnotched means a "v" has becn cut from the tip of the left ear of a cat.
Eart/ODed means the tip of the left ear of a cat has been cut in a straight linc.
Feral cat means a cat that is free roaming and exists in a wild or untamed state.
Feral cat careziver means anv pcrson who provides food, water, or shelter, or
otherwise cares for (a) feral cat(s).
Feral cat colon v means a group of cats that congregates, more or less, as a unit.
Nonferal cats that congregate with a feral cat colony shall be deem cd a part of it.
Health ofJicer means the director ofthc County health department, or his designee.
* * * * * * * * * *
Stable means any place of business or premises used to maintain four-legged
grazing animals for the purposc 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 tving the dog to anv obiect or structure, including
without limitation a house, tree, fence, post, garage, or shed, bv anv means, including
without limitation a chain, rope, cord, leash, or running line. Tethcring shall not include
using a leash to walk a dog.
Words Underlined are added: Words Stmek TRr8HgR are deleted.
Page 2 of II
17D
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.
Trav-neuter-return means the practice of humanely trapping feral cats; ensuring
thev arc spayed or neutered, vaccinated, and eamotched or eartipped; and returning thcm to
their feral cat colonies.
Trav-neuter-return vrOf!ram means the practice of trap-neuter-retum and other best
management practices intended to diminish the Qopulation of fcral cats within the
communitv.
Vaccination means administering to any animal, pursuant to a certificate of
vaccination issued by a licensed statc veterinarian, an anti-rabies vaccine approved by the
state department of health and rchabilitative 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 ofOrdinancc No. 2008-51 is hereby amended as follows:
SECTION SIX:
RABIES CONTROL.
1. The director of animal serviccs 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
dircctor of animal scrvices, policc, sheriff s officc, or hcalth 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 officcr or director of animal services.
Impoundment and boarding fees will be paid by the owner of the animal.
Words Underlined are added: Words Stmck THrough are deleted.
Page 3 of II
17D ii'
Other animals will be impounded and quarantined by direction of the health
ofIicer or director of animal services.
B. Dogs or cats that havc a current vaccination may be confined under
quarantine by fence or suitable enclosurc on thc premises of the owner, or at
some other location approved by the health ofIicer or the director of animal
scrvlces.
C. Earnotched or eartipped feral cats will be impounded and quarantined for
ten davs of clinical observation in the animal services center if possible. If
the cat cannot be trapped for impoundment. it will be observed dailv by its
feral cat caregiver. Feral cats that are not earnotched or eartipped will be
deemed to be unvaccinated.
4. Wild animals that are susceptible of carrying rabies, that are being held in
captivity, or possessed as pets by privatc persons who are properly licensed, but which
animals have not been vaccinatcd 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 hcalth ofIicer, or for which no known rabies incubation period has
been established by research recognized by thc health oflicer, which animal has either
bitten a human being or which animal is suspected of having rabies, shall be impounded
and quarantined by the dircctor 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.
* * * * * * * * * *
SECTION THREE:
AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO.
2008-51.
Section Seven of Ordinance No. 2008-51 is hereby amcnded as follows:
SECTION SEVEN: LICENSE CERTIFICATE; TAGS, VACCINATION REQUIRED.
I. 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 pcriod of one year and is required to be
renewed annually thereaftcr and must remain current at all times.
B. The record corresponding to the license shall contain the name of the
owner, address, breed, sex and color of each animal, or other descriptive
data.
C. A tag designating the license number shall be issued.
Words Underlined are added; Words Struck nrougA are deleled,
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D. The tag shall be affixed to the animal's collar or harness at all times, except
when the animal is conlin ed, 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. Licensc 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 cstablished 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 liccnse to any animal without a current rabies vaccination.
No vaccination is rcquired if a licensed vetcrinarian certifies in writing that the vaccination
would endangcr the animal's health.
3. Cats belonging to feral cat colonies that are registered with an agencv
contracted with Collier Countv to manage a trap-neuter-return program shall be exempt
from the requirement to license.
:; '1. License fees are established and revised by resolutions of the Board of
County Commissioners. A portion of each non-neutcred/non-spayed animal license fee
will be deposited in the County ncuter/spay trust fund for the purpose of funding the
County's neutcr/spay program. The amount to be deposited is established and revised by
resolutions adopted by the Board of County Commissioners.
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.
Words Underlined are added; Words Stmck Through are deleled.
Page 5 of II
17D
1. It shall be unl awful for any person to:
A. Causc, 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 exposc 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, dcformed or diseased.
H. Beat and cause unnecessary injury and sutTering to any animal.
1. 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. Anv enclosure used as a primaI'v means of confinement for a dog must mect
the definition of proper enclosure as stated in Section Ten of this Ordinance. It shall
be unlawful for a responsible partv to tether a dog while outdoors, except when all
of the following conditions are met. This section shall not applv to the
transportation of dogs.
A. The dog is in visual range of the responsible partv, and the responsible partv
is located outside with thc dog.
B. The tether is connected to the dog bv a buckle-tvpc collar or a body harness
made of nvlon 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 bodv, 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
wcight; and it is free of tangles.
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Page 6 of 11
17 D ,~
D. The dog is tethered in such a manner as to prevent iniury, strangulation, or
entanglement.
E. The dog is not outside during a period of extreme weather, including
without limitation extreme heat or near-freezing temperatures, thunderstorms,
tornadoes, tropical storms. or hurricanes.
F. The dog has access to water, shelter. and dry ground.
G. The dog is at least six months of age. Puppies shall not be tethered.
H. The dog is not sick or injured.
I. Pullev, running line, or trollcy systems are at least 15 feet in length and are
less than 7 feet above the ground.
J. [I' there are multiple dogs, each dog is tethered separate[v.
~ 1. The director of animal services shall impound any animal found to be
cruelly treated as defined in this article.
::> 1. Whoevcr 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 deemcd an additional violation of this articlc.
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.
1. Definitions.
A. Dangerous or vicious dog means any dog that according to the
records of thc 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 severely injured or killed a domestic animal while off the
owner's propcrty;
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Page 7 of II
17 D 1
(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 strects, 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 disIiguring lacerations requiring sutures or reconstructive surgery.
D. Investigation is conducted by animal services. Animal services must
interview the dog's owner when possiblc 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 bc securely confined indoors or in a securcly enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to prevent the animal from
escaping. Such a pcn or structure shall be structurallv sound, made of materials impervious
to moisture, have secure sides and a secure top to prevent the dog from cscaping over,
under, or through the structure, and shall also provide protection from in;urv and the
elements. The square footage of a proper enclosure used as a primarv means of
confinement for a dog must be equal to or greater than thc length of the animal from the tip
of the nose to the base of the tail, doubled, then squared, and divided bv 144. For example,
a dog measuring 30 inches from the tip of the nose to the base of the tail will require a 25-
square-foot enclosure (30 x 2 = 60; 60 x 60 = 3600; 3600/144 = 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 bv 1.5.
2. Procedure.
Words Underlined are added: Words StrHel; ThrsHgR are deleted.
Page 8 of II
17D
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 owncr of the dog. Notice shall
be by ccrtified mail, by ccrtified hand delivery, by service pursuant to Chapter 48, Florida
Statutes, or as othcrwise 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 bc submitted to animal services. If the dog's owner
files a timcly written request for a challenge hearing, thc effective date of the determination
shall be the date of the final decision of the Special Magistrate. challenge Rearing panel.
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
Magistrate. a three mcmber appeals panel consisting of the following members: General
managcr of the county RHm[Jlle society or Ris or hcr employee designee, and an)' two
employees ill the public services department, not Hndcr the direction or control of tHe
director of animal services, who are cRoscn 011 a case by case basis by the public services
administrator. This hearing shall be held as soon as possible, but not more than 21 calendar
days and no sooner than 5 days aftcr receipt of requcst from the owner. The hearing may
only be continued by agreement of both parties.
C. If the Spccial Magistrate's determination is to uphold the dangerous
dog classification, animal services shall provide written notification to the owner as
required in subsection (A) abovc. Thc dog owner may Iile a written request for a hearing in
county court to appeal the classi1ication within ten (10) business days aftcr receiving
notice. This request for hearing must be tiled with the county court, and a copy provided to
animal services within the time provided. Anv such appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created before the Special Magistrate.
D. If thc dog is not impoundcd during this time, the dog must be
humanely and safely confined by the owner in a securely fenccd 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.
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Page 9 of II
17D
E. Animal services may impound any dog under investigation if the
owner is unablc or unwilling to securcly confine the dog during the investigation. Upon
written notice from animal services, thc 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.
* * * * * * * * * *
SECTION SIX:
ADDITION OF SECTION SEVENTEEN TO ORDINANCE NO.
2008-51.
SECTION SEVENTEEN:
FERAL CATS.
1. Feral cat colonies shall be permitted when registered with an agency
contracted with Collier County to manage a trap-neuter-return program.
2. Feral cat colonies shall be managed m 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 Eight of this Ordinance, the agencv contracted with Collier Countv to manage a
trap-neuter-return program shall be given 15 davs to remedv said violation. Thereafter, all
normal provisions ofthis Ordinancc 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 morc restrictive shall apply. If any phrase or
portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such holding shall
not affect thc validity of the remaining pOliion.
SECTION EIGHT:
INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
Words Underlined are added; Words Stmek Thrnagh are deleted.
Page 10 of II
17D'
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 effectivc upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 26th day ofJanuary, 2010.
ATTEST:
,DWIGHTr:;.,s.RQCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
~(~(c
.t~t II til Cll4l'~~uiY Clerk
i lonatl/l'lfon ' ,
By:
'IT"~ w c+
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
C~/V1 ~
Colleen M. Greene
Assistant County Attorney
04-DAS-O 11 08/980
Words Underlined are added; Words 8trHck TRreHg~ are deleted,
Page J 1 of II
170 ."
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-03
Which was adopted by the Board of County Commissioners
on the 26th day of January, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of February, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
\~~~~
~: Teresa Pol~ski,
Deputy Clerk