Loading...
Agenda 06/10/2008 Item #10A Agenda Item No. 10A June 10, 2008 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve proposed changes to repeal and replace the Animal Control Ordinance (Ordinance No. 93-56, as amended), to strengthen the section pertaining to dangerous dogs, to provide a uniform method for revision of fees, to provide for mandatory spay/neuter of animals upon return to owner after impoundment, and to more clearly define leash law and the affidavit of complaint process, and direct staff to advertise ordinance changes to be approved by the Board at a future meeting. Obiective: To insure the health of the human residents and visitors of the County, with the secondary purpose of insuring the health of the animals in the County. Considerations: At its March 25, 2008 meeting, the Board of County Commissioners (BCC) heard a public petition from Rene Oliver seeking stronger local laws regarding dangerous dogs. The BCC directed staff to propose changes to the dangerous dog section of the animal control ordinance and vet them through the Domestic Animal Services Advisory Board (DASAB). ~ At its April 15, 2008 meeting, the Domestic Animal Services Advisory Board voted unanimously to recommend to thc BCC the following changes: . Add a definition of proper enclosure and clarify the provision that states that DAS will make a site visit to include requirements for providing and proper enclosure and posting of signage. . Add a provision that DAS may impound any dog under investigation if the owner is unable or unwilling to securely confine it. . Add provisions that give DAS recourse when an owner fails to re-register a dangerous dog. . Add a section specifying the proper housing and handling of a dog declared dangerous, including a requirement that the dog be muzzled and leashed when off the owner's property. . Add a section providing for fines, criminal charges. and impoundment or forfeiture of dogs that attack or bite a person or domestic animal. . Strengthen the section that addresses violations of the dangerous dog section of the ordinance to allow for fines and impoundment or forfeiture of dogs upon failure to cure violations. At its May 20, 2008 meeting, the DASAB recommended these additional changes: r-- . Provide that the dog will be identified on the DAS website by name, address. and a color photograph. . Require that any dog declared dangerous must be spayed or neutered. Agenda Item NO.1 OA June 10, 2008 Page 2 of 23 Also at its May 20, 2008 meeting, DASAB reviewed and supported establishing a uniform method for fee revisions. The Ordinance will be revised throughout to eliminate fees specified in the Ordinance and allow for fees to be established and revised via resolution. Amounts established for fines (as opposed to fees) will remain within the Ordinance. Finally, DASAB further recommends the following changes: . Establishing clearer definitions of "at large" and "direct control" for the purposes of strengthening the County's leash law. . Providing for mandatory spay/neuter, at the owner's expense, for animals returned to owner after impoundment. Allow an exception for breeding animals in good standing if certified by a localliccnsed veterinarian. . Providing that Domestic Animal Services may deny issuance of a license to any animal without a current rabies vaccination. . Clarif'ying the process through which Domestic Animal Services may conduct an investigation upon receipt of two "affidavits of complaint." . Providing that intentional falsification of information on an "affidavit of complaint" is a violation. ,'-~"" For consistency and clarity, staff recommends repealing and replacing Ordinance 93-56, as amended. due to the cxtcnsive revisions and additions. Fiscal Impact: No Fiscal Impact is associated with approving the proposed changes to the Ordinance. Growth Manaaement Impact: No Growth Management Impact is associated with this action. Leaal Considerations: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. - CMG Recommendation: That the Board of County Commissioners approves proposed changes to the Animal Control Ordinance (Ordinancc No. 93-56, as amended) and directs staff to advertise for ordinance changcs to bc approved by the Board at a future meeting. Prepared by: Amanda Townsend, Interim Director, Domestic Animal Services /'-- 08-8(,C-00417/3 Agenda Item No. 10A June 10, 2008 Page 3 of 23 ORDINANCE NO. 2008- AN ORDINANCE REPEALING ORDINANCE NO. 93-56 (ANIMAL CONTROL ORDINANCE), AS AMENDED; ESTABLISHING A UNIFORM METHOD FOR FEE REVISIONS; PROVIDING A STATEMENT OF CONSTRUCTION AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; PROVIDING FOR AUTHORITY OF DIRECTOR, INTERFERENCE WITH OFFICER IN PERFORMANCE OF DUTY; PROVIDING FOR ENFORCEMENT; PROVIDING FOR COMPLAINTS; PROVIDING FOR DISPOSITION OF IMPOUNDED ANIMALS; PROVIDING FOR LICENSE CERTIFICATE, TAGS, VACCINATION REQUIRED; PROVIDING FOR RABIES CONTROL; PROVIDING FOR GENERAL VIOLATIONS; PROVIDING FOR WILD ANIMALS; PROVIDING FOR PSITTACINE BIRDS; PROVIDING FOR KENNEL. PET SHOP, STABLE AND RODEO PERMITS; PROVIDING FOR MAINTENANCE OF PET SHOPS, KENNELS. STABLES, ETC.. CARE OF ANIMALS AND INSPECTIONS; PROVIDING FOR INHUMANE TREATMENT OF ANIMALS; PROVIDING FOR DANGEROUS DOGS. DEFINITIONS, AND PROCEDURES; PROVIDING FOR REPEAL; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners determined during the March 25, 2008 Board meeting that the public and its pets needed additional protection against dangerous dogs; and WHEREAS, at the March 25, 2008 meeting the Board of County Commissioners instructed staff to revise Section Nineteen of Ordinance 93-56, as amended, to include more stringent procedures for handling dangerous dogs in order to protect the public, and stronger consequences for violations of this Ordinance; and WHEREAS, DAS staff also recommends amending the Animal Control Ordinance to include more stringent procedures and violations relating to dangerous dogs; and WHEREAS, staff also recommends a more consistent and efficient method of revising fee schedules throughout this Ordinance; and WHEREAS, for consistency and clarity, staff recommends repealing and replacing the Ordinance due to the extensive revisions and additions; and WHEREAS, on June 10, 2008, the Board of County Commissioners determined these amendments are for the benefit of the citizens and visitors of Collier County and serve a valid public pU'1'ose, and directed staff to amend and repeal Ordinance No. 93-56, as amended. ,~" NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTV COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: Agenda Item NO.1 OA June 10, 2008 Page 4 of 23 SECTION ONE: CONSTRUCTION AND PURPOSE. This article is, and shall be deemed to be, cumulative and supplemental, and in addition to any other act, law or ordinance of the County or any municipality therein. This article is enacted with the primary purpose of insuring the health of the human residents and visitors of the County and with the secondary purpose of insuring the health of the animals in the County. This article is to be liberally construed to affect those objectives. 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: Animal means every living dumb creature. Animal Services 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 dependahle strength sufficient to restrain the animal. Business means holding oneself out, either expressly or impliedly, to the public or any portion of the puhlic to buy or sell any animal, as a principal or an agent. County veterinarian means a veterinarian, duly licensed by the state, appointed by the Board to be a consultant to the County health department and to the director of animal services. Dangerous dog means any dog that according to the records of the appropriate authority: A Has aggressively hitten, attacked, or endangered or has inflicted severe injury on a human heing on public or private property; B. Has severely injured or killed a domestic animal while off the owner's property; C. Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or D. Has, v,'hen 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 hy one or more persons and dutiful1y investigated hy the appropriate authority. Direct control means the immediate, continuous physical control of an animal at all times by such means as a fence, chain, or suitable leash of dependable strength sufficient to restrain the animal; or specially trained hunting animals engaged in legal hunting, or animals engaged m shows or organized obedience training programs where the animals respond to commands. Director of animal services means the director of the Collier County Domestic Animal Services department, including designees of the director and/or such other persons designated by the County. A nimal services center means any place approved as such hy the Board of County Commissioners for the detention, care andior treatment of animals in custody. Health officer means the director of the County health department, or his designee. 2 Agenda Item No. 10A June 10, 2008 Page 5 of 23 /~ Kennel means any place of business where dogs and/or cats are maintained for purchase, sale, breeding, boarding, training for a fee, treatment and/or grooming purposes. Kennel shall not include any animal services center or any veterinary hospital, or any animal facility operated by any subdivision of local, state or federal government. Kennel shall not include any research facility subject to inspections lU1der any provision of any state and/or federal law. Livestock means all animals of equine, bovine, or swine class, including sheep, goats and other grazing animals. Micro-chip means an animal micro-chip implant that is an identifying circuit placed under the skin of a dog, cat, or other animal. The chips are about the size of a large grain of rice. Owner means any person having a right of property in an animal, or any person with the right or duty to control an animal, or any person then physically controlling, possessing, harboring or keeping an animal. Pet shop means any place or premises used as a business to maintain animals for the purpose of purchase, sale, exhibition, adoption, or donation, including a breeding kennel; except an individual owning dogs and/or cats for less than 120 days that have been borne by one or two females owned by such person during a twelve~month period shall not be considered as operating a pet shop. Psittacine birds means all birds commonly known as parrots, amazons, Mexican doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds, loris, lorikeets, and other birds of the Psittacine family. Research or testing means any use of any animal in any vivisection, including demonstration or practice surgery, medical or biomedical research, medical experimentation, medical or nonmedical education, or to test any medication, radiation, toxicity, element, chemical or chemical compound, or to study the effects of any consumer product on humans or animals, or for use in biological production or other substantially similar research or testing for scientific, medical, biomedical, educational, or veterinary purpose, by any individual, school, college, university, hospital, laboratory, or any other institution or entity of any description, public or private. Such uses of an animal that does not expose any animal to any incision or puncture, to torture, tonnent, or cruelty, to any immediate or future damage or impainnent, or to unusual stress, is not research or testing as defined herein. Rodeo means any event or show involving the use of equines, and/or bovines for the exhibition of skills in riding, bronco or bull riding, calf roping, ancVor bulldogging, where a fee is charged to witness the event. Stahle 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. 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. Vaccination means administering to any animal, pursuant to a certificate of vaccination issued by a licensed state veterinarian, an anti~rabies vaccine approved by the state department of health and rehabilitative services. 3 Agenda Item NO.1 OA June 10, 2008 Page 6 of 23 Vicious animal means any animal of fierce or dangerous propensities likely to cause physical injury or property damage or that exhibits traits of ungovemableness. 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 THREE: PENALTIES. 1. The maximum civil penalty for a violation of this article is not to exceed $500.00. A violation of this article is a civil infraction as provided in F.s. * 828.27. 2. If any person, whether public or private, shall fail or refuse to obey or comply with or violates any provision of this article, such person, upon conviction of any such civil infraction, shall be punished by a fine not to exceed $500.00 in the discretion of the court or special magistrate, as applicahle, plus a $2.00 surcharge to pay the costs of the 40Mhour minimum standards training course for animal control enforcement officers. Each day of the violation or noncompliance as to each animal shall he considered as a separate and distinct offense. In addition, any person convicted under any prOVISions of this article shall pay all costs and expenses involved in the case. 3. Each violator shall he required to pay an administrative surcharge of $5.00 for each cited violation. Each person or entity that commits one or more civil infraction(s) under this article, hut does not contest the citation, shall pay a fine for each such separate offense as follows: A. Non-agb'Tavated violations. Fines for an uncontested citation of violation of any provision ofthis article, except any agb'Tavated violation described in paragraph (2) helow and as defined ahove, are as follows: (1) First citation: $100.00 for each first offense. (2) Second citation: $200.00 for each second offense. (3) Third (or more) citation: $300.00 for each such offense if a mandatory appearance is not required hy the animal control enforcement officer named on the citation. If a mandatory appearance is required by the animal control enforcement officer named on the citation, the recommended fine should be more than $350.00 but not more than $500.00. The amount of the fine(s) shall he as detennined hy the special magistrate or other trier of fact. A mandatory appearance shall he required for each third and each subsequent citation if the violator has not at the time of issuance of the citation paid all fines and all surcharges for all prior citations. B. Aggravated violations. For each uncontested aggravated violation, the fines and appearance obligations are as follows: (I) First citation; $250.00 for each first aggravated violation. (2) Second citation: $350.00 for eaeh second aggravated violation and a mandatory appearance before the special magistrate. (3) Third (or more) citation(.'l'): A mandatory appearance and a recommended fine of more than $400.00 but not more than $500.00 for each such aggravated 4 Agenda Item NO.1 OA June 10, 2008 Page 7 of 23 violation. The amount of such fines shall be determined by the special magistrate or other trier of fact. C. A person who is required to appear does not have the option of paying the fine instead of appearing before the special magistrate. D. A citation that is dismissed by the County, or by the special magistrate or by other trier of fact shall not count as a prior citation for the purpose of determining the number of prior citations issued to that violator. E. The violator's failure to pay the fine, and/or to timely request a hearing before the special magistrate may result in an admission of guilt. The code enforcement department shall give notice to the violator that a hearing will be conducted concerning the alleged yiolation(s) and/or unpaid fines. The notice shall be in similar fonn to that described in the Collier County Code Enforcement Special Magistrate Ordinance and state the time and place of the hearing, as well as the violation(s) which are alleged to exist and/or the accruing fine amount, if applicable. The special magistrate's findings shall be reduced to writing and recorded in the official records. F. Notwithstanding anything in this article, the individual who issues the citation or other pleading may require a mandatory appearance if a mandatory appearance is in that instance authorized by law. 4. If the named violator is properly noticed of the hearing and fails to appear, the special magistrate may hear the citation and impose any penalties allowed by this article. 5. The named violator or the County may seek to overturn a final order of the special magistrate by making application to the County court for a trial de novo on the merits. Such application must be filed within 30 calendar days from the rendition of the order sought to be overturned. A violator will have the right to a de novo proceeding provided that all administrative remedies have been exhausted. Failure to make such application within the required time period will render the findings and order of the special magistrate conclusive, binding, and final. All findings of the special magistrate will be evidence at any de novo proceeding held pursuant to this paragraph. 6. If the named violator or the animal control enforcement officer fails to appear in court the court may issue an order to show cause. Such order shall require such persons to appear before the court to explain why action on the citation has not heen taken or the court may render a civil judgment up to $500.00. If any person who is issued an order to show cause fails to appear in response to the court's directive, that person may be held in contempt of court. 7. If any penalty provision specified by F.S. * 82R.86 is amended, such amended penalty provisions shall apply to this article without further action by the Board of County Commissioners. - 8. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages. 5 Agenda Item NO.1 OA June 10, 2008 Page 8 of 23 SECTION FOUR: AUTHORITY OF DIRECTOR; INTERFERENCE WITH OFFICER IN PERFORMANCE OF DUTY. 1. The director of animal services (hereinafter "director") shall have all necessary authority to enforce this article and pick up, catch or procure any animal in violation of this section, and have such animal impounded within the animal services center or other designated place. 2. The director shall have authority to enter upon any public or private property, except a building designated for and actually used for residential purposes and other buildings within the curtilage of the principal residential building, for the purpose of enforcing this section. 3. It shall be unlawful for a person to interfere with, hinder, molest or abuse the director the health officer, or any of their subordinates in the performance of their lawful duties under this section or under Florida law. 4. It shall be unlawful for any owner of any animal to refuse to surrender such animal for impoundment or quarantine as provided by this section when demand for surrender of the animal is made by the health officer, director of animal services, or other enforcement officer. 5. A. Fees related to impoundments may include but are not limited to: impoundment fees, advertising fees for impounded livestock, laboratory and veterinarian fees, transportation fees, and daily board. B. Fees are established and revised by resolutions adopted by the Board of County Commissioners. 6. The director is hereby granted authority to establish reasonable rules and regulations to govern the care and feeding of animals maintained in or by pet shops, kennels, stables, animal acts, rides, used in rodeos and/or other commercial public displays of such animals upon resolution hy the Board. 7. In addition to, or in lieu of, impounding any animal found in violation of this section, the director of animal services, deputy sheriff. municipal police officer, or other enforcement officer empO\vered to enforce this section, may issue to the owner of (or to the person in custody of) such animal a notice of violation and a service fee of $25.00 for the first such notice to he paid to animal services within 72 hours, excluding Saturdays, Sundays and legal holidays. The fee for a second notice of violation issued regarding the animal, owner, or custodian, is $35.00, and is $50.00 for a third notice and all subsequent notices. If the applicable fee is not paid within the prescribed time, the matter will be accorded appropriate enforcement and/or collection provision. 8. The director or the Sheriff of Collier County, or their respective designees, shall have the authority 10 destroy any free roaming untagged dog or cat when other reasonable means and methods to capture are tried hut failed, or when a diligent search has heen made to establish ownership has failed, and it has been ascertained by citizen complaint or investigation that the animal has ag,6Tfessive tendencies and poses a threat of injury to persons or other animals, or has caused bodily injury to a person or has physically injured or killed livestock. 6 Agenda Item NO.1 OA June 10, 2008 Page 9 of 23 SECTION FIVE: ENFORCEMENT. 1. By animal control enforcement officer and sher{tJ The director of animal services, any animal control enforcement officer, or officer of the sheriffs office, is empowered to enforce this article. 2. By municipal police. Upon resolution approved by the governing board of any incorporated municipality within the confines of the County, the police force of any such municipality is empowered to enforce the provisions of this article within that municipal corporation. 3. By agents, employees of animal services department. A. Designation. The director of animal services is hereby authorized to designate agents or employees of the County department of animal services as animal control enforcement officers. It shall be the responsibility of the director to detennine the training and qualifications of any employee or agent so designated, subject to minimum requirements specified in F.S. * 828.27. Such designation shall be by resolution adopted at any regular or special meeting of said board. B. A uthorization. It shall be the duty of any person designated as an animal control enforcement officer to enforce this article and subsequent amendments hereto relating to animal control. .--" C. Authorized to issue citations. Any person designated as an animal control enforcement officer is hereby authorized to issue citations for violations of this article and subsequent amendments hereto. D. Form of citation. A citation issued by an animal control enforcement officer under the provisions of this subsection shall be in a form prescribed by the board. Such citation shall contain all known information required by F.S. * 828.27, including the date and time of issuance of the citation, name and address of the person in violation, the date of the violation, description of the animal involved, the section or sections of this article, or subsequent amendments, violated, the facts constituting probable cause, name and authority of the citing enforcement officer, also the procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear before the special magistrate when a mandatory appearance is required as specified in the citation or when scheduled by the code enforcement department, in which case there is no option but to appear before the special magistrate, the applicable civil penalty if the person elects not to contest the citation and the applicable civil penalty if the person elects to contest the citation; also a conspicuous statement of the effect of failure to promptly pay the fine or appear before the special magistrate or in court. Subject to the limitations now or hereafter specified in FS. 9 828.27, a mandatory special magistrate or court appearance may be required by the issuing officer. Mandatory appearances before a special magistrate may also be ordered by the special magistrate as specified in the Section Three of this ordinance, or as otherwise within the special magistrate's authority. E. Limitation of powers. Nothing herein contained shall be construed to authorize or permit any person designated as an animal control enforcement officer pursuant to this section to perform any function or duties of a law enforcement officer other than specified herein. No such officer shall make physical arrests or take any person into custody. All such 7 Agenda Item NO.1 OA June 10, 2008 Page 10 of 23 officers shall be exempt from the requirements relating to the state high-hazard retirement program and police standards and training commission as defined or referred to by F.S ~ ] 22.34 and F.s. Ch. 943. SECTION SIX: COMPLAINTS. Complaints for alleged violation of this article shall be communicated to the director of animal services, sheriffs office or police department. Upon receipt of a complaint, an investigation shall be conducted to determine if there is any violation of this article. If it is ascertained that any provision of this article is being violated, proper and lawful action will be taken to enforce this article. SECTION SEVEN: DISPOSITION OF IMPOUNDED ANIMALS. 1. I mpounded animals not suspected of having an infectious or contagious disease shall be held for a minimum of five full days (120 hours) to provide time for the animal's owner to notify staff of intent to recover the animal. The director of animal services or designee shall make at least three attempts to contact the owner if the owner's identity is known or easily ascertained, of an animal impounded before the animal's humane disposition. Dogs, cats, and other animals not claimed within five day period may be adopted, or may be euthanized by any method specified in F.S. * X28.058. 2. Animals shall be released to owners on presentation of proof of ownership and payment of costs and fees. A. Micro-chipping. (1) Animals that have been impounded shall be micro-chipped by animal services' staff at the owner's expense prior to being released to the owner. Micro- chipping shall be required hased on the first impoundment. (2) Animals that are already micro-chipped when impounded, must have the information on the micro-chip recorded by animal services. The information must he accurate and current. If the information is not current, the owner must come into compliance with this section prior to having the animal released. (3) At the discretion of the director of animal services, or his or her designee, the animal may he released to the owner if the owner signs a sworn statement representing that the animal will he implanted with a micro-chip by a licensed veterinarian. The owner will be required to submit a statement within ten days, signed by a licensed veterinarian, confirming that the animal has been so implanted and provide the micro-chip number to animal services. No micro-chipping is required if a licensed veterinarian certifies in writing that micro- chipping would endanger the animal's health. B. Mandatory spay/Neuter. (1) Animals that have been impounded shall be spayed/neutered at the owner's expense prior to being released to the owner. Spay/neuter shall be required based on the first impoundment. (2) At the discretion of the director of animal services, or his or her designee, the animal may be released to the owner if the owner signs a sworn statement 8 Agenda Item NO.1 OA June 10, 2008 Page 11 of 23 representing that the animal will be spayed/neutered. by a licensed veterinarian. The owner will be required to submit a statement within ten days, signed by a licensed veterinarian, confirming that the animal has been so sterilized. No spay/neuter is required if a licensed veterinarian certifies in writing that the surgery would endanger the animal's health, or that the animal is a breeding animal in good health and standing. 3. Animals not claimed within a five day period may be adopted, subject to the provisions below: A. Adoption fees are established and revised by resolutions adopted by the Board of County Commissioners. B. Animals that are adopted shall be micTo-chipped by animal services' staff at the adopter's expense prior to being released to the adopter. C. A portion of each adoption fee for a dog or cat will be deposited in the County neuter/spay trust fund for the purpose of funding the County's neuter/spay program. The amount to be deposited is established and revised by resolutions adopted by the Board of County Commissioners. D. If a dog or cat adopted from animal services is not sterilized prior to placement in the adopter's home, the adopter shall have the animal sterilized by a licensed veterinarian within 30 days of the adoption or prior to the animal's sexual maturity. The adopter shall enter into a written agreement with the County guaranteeing such sterilization and shall submit a sufficient deposit as required by state law. E. Upon verification that authorized services have been rendered by a veterinarian, fees from the neuter/spay trust fund are to be paid to that veterinarian, subject to availability of funds in that trust fund. The amount of the fee(s) to he paid to the veterinarian for services rendered shall be as specified in a written agreement between the County and the veterinarian. r-- F. Administration of the neuter/spay program shall remain under the control of the director of domestic animal services. Accounting for the disbursement of the neuter/spay fees shall be in accordance with procedures of the County's finance department. 4. No person, or on behalf of any other person or entity whatsoever, shall acquire or attempt to acquire actual or constructive possession of any animal for any use in research, testing, or animal sacrifice, from the actual or constructive possession of any County animal services center, or from any person or entity operating or controlling any animal custody facility, pound, or animal shelter that is then leased from the County by a lease that prohibits such use, or is then under a contract with the County which contract prohibits such use. Such use includes the immediate or eventual sale, transfer, gift, trade, donation, delivery, or any other provision of any animal for use in research, testing, and/or animal sacrifice. No employee, volunteer, worker, agent or other representative of any such entity shall knowingly release from the actual or constructive possession of any such entity, any animal for any such known or suspected use. 5. Failure to comply with the requirements of section, shall be a violation of this Ordinance and punishable as provided in Section Three. o Agenda Item No. 10A June 10, 2008 Page 12 of 23 SECTION EIGHT: LICENSE CERTIFICATE; TAGS, VACCINATION REQUIRED. 1. Any owner of a dog or cat shall obtain a County license for each such animal when the animal is four months old or older. A. The license will be issued for a period of one year and is required to be renewed annually thereafter and must remain current at all times. 8. 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. e. A tag designating the license number shall be issued. D. The tag shall he 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 County administrator. 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. A. 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. B. License fees are waived for persons who are legally blind or deaf and whose dog is a seeing-eye dog, a hearing dog, or a law enforcement dog certified as such by a court of law or other authorized governmental certifying agency. SECTION NINE: 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. ]0 Agenda Item NO.1 OA June 10, 2008 Page 13 of 23 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, sheriff1s 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. I mpoundment and hoarding fees will be paid by the owner of the animal. Other animals will he impounded and quarantined by direction of the health officer or director of animal services. ~ B. Dogs or cats that have a current vaccination may he confined under quarantine hy 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. 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 he held in quarantine for a specified period of time as directed by the health officer. A. A wild animal may be euthanized at the discretion of the health officer for the purpose of laboratory analysis to determine if the animal is rabid when the health and/or welfare of the person bitten by that animal is in jeopardy. B. The decision whether to euthanize the animal will be based upon history of possible exposure of the animal to rabies. 5. Any animal possessed in a licensed attraction, zoo, circus, or educational institution, and that is known to have bitten a human being, shall be isolated and subjected to a quarantine period at a location as directed by the health officer or director of animal services. In determining the quarantine and location, the decision will be made on the history of the animal's possible exposure to rabies. 6. No animal may be removed from the place of quarantine without the prior written authorization of the health officer or director of animal services, or his or her designee. If any animal dies during quarantine, the person holding the animal in quarantine shall immediately notifY the health officer or director of animal services, and shall immediately surrender the body of the animal without altering the body in any manner. " Agenda Item NO.1 OA June 10, 2008 Page 14 of 23 7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is bitten hy a known rabid animal shall be immediately destroyed. If it is an owned animal, however, the owner may elect to have the animal confined and quarantined at the animal services center, or at another location approved by the health officer or director of animal services, for a period of up to six months. All costs of the detention of the animal will be at the expense of the owner. 8. The director of animal services, sheriff or municipal police officer shall have authority to kill an animal in order to procure an animal that is susceptible of carrying rabies and that is known to have bitten a human being or is suspected of having rabies, provided that all other reasonable means and methods under the circumstances to capture the animal have failed. The head of the animal, intact, shall then be submitted to a designated laboratory to be analyzed for rabies infection. SECTION TEN: GENERAL VIOLATIONS. 1. It shall be unlawful for the owner of an animal to allow or permit his or her animal: A. To be upon the beaches of the County, whether fettered or unfettered, unless the area has been designated by the Board as suitable for use by such animals, except a certified seeing-eye or hearing-ear dog actually in use by handicapped person, or animals used by law enforcement officers or County ordinance enforcement personnel. B. To run at large in or upon any public street, road, sidewalk, other public place, or upon private property without the expressed or implied consent, subject to zoning, of the owner or any lessee of such private property. C. To be within any park or upon public school grounds or public playground in the County, including the exercising of any animal, whether fettered or unfettered, for the purpose of elimination of wastes. D. To enter any place where food is stored, prepared, served or sold to the public, or any other public building or hall; provided however, that this provision shall not apply to any blind or deaf persons using seeing-eye or hearing-ear dogs, to public building used for animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer or code enforcement officer. E. To trespass upon private or public property so as to damage or destroy any property or thing of value, or to defecate and create a sanitary nuisance thereon, including defecating upon roadways, road rights-of-way, sidewalks, or other property so as to create a sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not immediately removed and properly disposed. F. To chase, run aftcr, or jump at vehicles or bicycles using any road or road right-of-way. G. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right-of-way. H. To bark, whine, howl, or cause other objectionable noise, which is offensive and of such a continuous duration of time so as to create a nuisance. 12 Agenda Item No. 10A June 10, 2008 Page 15 of 23 1. To be abandoned and thereby relinquish control of an animal with the intent or pUIlJose of setting the animal at large. J. To be confined in an unattended motor vehicle without sufficient ventilation or under other conditions for such periods of time as may endanger the health and/or physical well-being of the animal due to heat, lack of potable water, or such other circumstances as may reasonably cause suffering, disability, or death to the animal. 2. It shall be unlawful for owner to keep, harbor or maintain any vicious dog or any dog with vicious propensities in a manner which mayor does endanger the safety of persons lawfully upon his premises or away from his premises. 3. It shall be unlawful for any owner to permit, allow or suffer any livestock to run at large or stray upon any roads and highways, or upon the property of another without permission of the property owners or their authorized agent or lessee, subject to zoning. 4. It shall be unlawful to keep any female dog in heat (estrus) which is not confined to a building or secure enclosure, veterinary hospital, or boarding kennel and in such a manner that the female dog can corne in contact with any male dog except for intentional breeding with a specific male dog. 5. Upon receipt of more than one "affidavit of complaint" for any violation of this section, each prepared and signed independently by a resident of a separate dwelling in the vicinity of the violation, and acknowledged under oath before an individual authorized by law to take acknowledgements, setting forth the complained of acts, an enforcement officer shall investigate the facts to determine if the acts complained of are a violation, and, if satisfied that a violation has occurred, may issue a citation for the violation, including, subject to F.s. ~ 828.27, and of this ordinance, a mandatory court appearance or appearance before the special magistrate. 6. Intentional falsification of information on an "affidavit of complaint" shall be a violation of this Ordinance, and punishable as provided in Section Three. SECTION ELEVEN: WILD ANIMALS. It shall be unlawful for any person to maintain or keep a wild animal except: 1. Owners licensed by the state fish and wildlife conservation commission and confined to the owner1s premises in a cage or enclosure. 2. A wild animal for exhibition purposes maintained by a licensed circus, zoo, attraction or educational institution. SECTION TWELVE: PSITTACINE BIRDS. 1. A Psittacine bird known to be infected with the psittacosis virus, or to have been associated with a bird known to be infected, shall be quarantined until released by the health officer. No bird shall be removed from where an infected bird is found until the quarantine is lifted. ~- 2. When human contamination is traced to an aviary a reasonable number of birds will be confiscated for virus examination. 3. Infected birds shall be killed and their bodies immersed in two percent Creosol and burned before the feathers are dry if the bodies are not shipped for laboratory examination. 13 Agenda Item NO.1 OA June 10, 2008 Page 16 of 23 Shipment for laboratory examination shall be made in accordance with instructions by the healt h officer. SECTION THIRTEEN: KENNEL, PET SHOP. STABLE AND RODEO PERMITS. 1. Every person who owns or operates a kennel, pet shop, grooming shop, stable, or combination thereof, shall on or hefore October 1 st of each year obtain a permit from the director of animal services. A fee will be charged for the permit. Permit fees are estahlished and revised by resolutions of the Board of County Commissioners. The fee to any humane society or oot- for-profit animal protection agency is automatically waived. 2. The director of animal services shall issue a permit after receipt of this fee if he determines that the premises meet established standards and regulations as established by the board. That permit shall he displayed within the licensed premises at a place where it is clearly visible to the public. 3. Every person or organization who sponsors or operates a rodeo shall, at least 30 days prior to the date of the event, make application to the director of animal services for a permit to operate. The fee for such application and permit shall be established and revised by resolutions ofthe Board of County Commissioners. SECTION FOURTEEN: MAINTENANCE OF PET SHOPS, KENNELS, STABLES, ETC., CARE OF ANIMALS, AND INSPECTIONS. 1. The owner or operator of a pet shop, kennel, stable, or any other place of business of boarding or keeping animals shall properly feed and care for each animal in his custody or control. 2. The director of animal services shall periodically inspect the premises of each kennel, pet shop, stahle, or other such place of business during the establishment's business hours. Failure to comply with the County's established regulations and standards shall be b'fOunds for suspension or revocation of the permit to operate. 3. The director of animal services shall issue a notice of violation if any kennel, pet shop, stable, or other such place of business fails to comply with the abovementioned regulations and standards. 4. The premises shall be re-inspected within five days after issue of a notice of violation. Failure to correct or take positive action to correctel:lch discrepancy is a violation of this article, and in addition, is ground for revocation or suspension of the permit by the director of animal services. SECTION FIFTEEN: INHUMANE TREATMENT OF ANIMALS. 1. 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 14 Agenda Item No. 10A June 10, 2008 Page 17 of 23 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, Jack of sufficient fresh air, wholesome food, and/or potable water. 2. The director of animal services shall impound any animal found to be cruelly treated as defined in this article. 3. Whoever violates any provision of this section shal1 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 SIXTEEN: DANGEROUS DOGS, DEFINITIONS, AND PROCEDURES. 1. Definitions. A. Dangerous dog means any dog that according to the records of the appropriate authority; (I) 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. 8. Unprovoked means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. C. Severe injury means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. D. investigation is conducted by animal services. Animal services must interview the dog's owner when possible and may require a sworn affidavit from any person desiring to have a dog classified as dangerous. 15 Agenda Item NO.1 OA June 10, 2008 Page 18 of 23 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 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 the elements. 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 shaH 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 he the date of the final decision of the challenge hearing panel. B. Any owner of a dog that is initially declared dangerous by the director of animal services may appeal that decision to a three-member appeals panel consisting of the following members: General manager of the county humane society or his or her employee designee, and any two employees in the public services department, not under the direction or control of the director of animal services, who are chosen on a case-hy-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 after receipt of request from the owner. The hearing may only be continued by agreement of both parties. C. If the 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. 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. 3. Registration a/Dangerous Dog (/l1dfees. A. Registration of dangerous dog. Not later than fourteen (14) calendar days after the final effective date, as specified above, that the dog is detennined to be a dangerous 16 Agenda Item No. 10A June 10, 2008 Page 19 of 23 dog, the dog's owner must file a complete written standard form application with animal services to be issued a certificate of registration for the dangerous dog. The application/administration fee for each certificate shall be $300.00 annually. A complete application for the initial certificate of registration shall include: (i) the filing fee and late fees, if any; (ii) a color photograph of dog and a signed acknowledgement form that the dog will be identified by name and address on the Collier County Animal Services website; (iii) a receipt or other written proof that the dog has been permanently identified (via tattoo or microchip); (iv) a current certificate of vaccination for the dog; and (v) a receipt or other written proof that the dog has been spayed or neutered by a licensed veterinarian. If there is a medical or other reason that the dog cannot be spayed or neutered, the owner will provide the reason in writing sibTJ1ed by a Collier County licensed veterinarian. B. Within ten days of receipt of a complete application, Animal Services wi II make a site visit to ensure provision of a proper enclosure, and posting of the premises with a clearly visible warning sign at all entry points that infonns both children and adults of the presence of a dangerous dog on the property. Animal Services will provide the required sib'IlS. Upon completion of a successful site visit, Animal Services will issue the requested initial certificate. The duration of each certificate is 365 days. There shall be a late fee of $1 0.00 per day for each day that the certificate is not issued. C. Annual renewal of certificate of registration. A standard renewal application must be tiled annually at least ten calendar days prior to the date that the respective certificate is to expire. A complete application for a renewal certificate shall include the $300.00 renewal/administrative fee, a then current color photograph of each dangerous dog sign posted at the premises where the dangerous dog resides, and a current certificate of vaccination. D. Failure to re-register. There shall be a late fee of$]O.OO for each day that a complete renewal application is not filed. Animal Services may impound any dog whose owner has (i) filed to re-apply for registration 30 days past the expiration of the certification; or (ii) failed to successfully complete re-registration 45 days past the expiration of the certification. Upon written notice from Animal Services, the owner must allow access to the dog for the purposes of impoundment. The owner is responsible for all costs related to impoundment. Failure to successfully re-register the dog after 30 days of impoundment will result in forfeiture of ownership of the dog. Animal Services may dispose of such an impounded dog, in a humane manner, at the expense of the owner. 4. Suhsequent handling of dangerous dogs. A. The owner shall immediately notify animal services when a dog that has been classified as dangerous: (l) Is loose or unconfined; (2) Has bitten a human being or attacked another animal; and/or r- (3) Is sold, given away, or dies. Prior to a dangerous dog being sold or given away, the owner sha]] provide the name, address, and telephone number of the new owner to Animal Services. The new owner 17 Agenda Item No. 10A June 10, 2008 Page 20 of 23 must comply with all the requirements of this Ordinance. The owner is required to notify the appropriate animal services authority if the dog is moved out of jurisdiction. B. It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under the control of a competent person. The muzzle must be of a cage-style that will not interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it from biting a person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or a leash, if the dog remains within his or her sight and only members of the immediate household or person 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. 5. Attack or bite by dangerous dog. A. If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in Chapter 775, Fla. S'tat., and su~ject to imposition of a fine not to exceed $500. In addition, the dangerous dog shall be immediately confiscated by animal services, placed in quarantine, if necessary, for the proper len!"Tth of time, or impounded and held for 10 business days after the owner is given proper written notification, and thereafter destroyed in an expeditious and humane manner. This I O-day time period shall allow the owner to request a hearing as outlined in Section Sixteen of this Ordinance. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. S. If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by animal services, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given proper written notification, and thereafter destroyed in an expeditious and humane manner. This 1 D-day time period shall allow the owner to request a hearing under Section Sixteen of this Ordinance, ahove. The owner shall be responsihle for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog IS guilty ofa misdemeanor of the second de.b'Tee, punishable as provided in Chapter 775, Fla. Stat., and subject to imposition of a fine not to exceed $500. C. If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in Chapter 775, Fla. Stat. In addition, the dog shall be immediately confiscated by Animal Services, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given proper written notification, and thereafter destroyed in an expeditious and humane manner. This lO-day time period shall allow the owner to request a hearing under Section Sixteen of this Ordinance. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. 18 Agenda Item NO.1 OA June 10, 2008 Page 21 of 23 D. If the owner files a written appeal under this section, the dog must be held and may not be destroyed while the appeal is pending. E. If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. 6. Violations. A. Failure to comply with any provision of this section may result in a fine not to exceed $500 and impoundment of the subject dog. Upon written notice form Animal Services, the owner must allow access to the dog for the purposes of impoundment. The owner is responsible for all costs related to impoundment. S. Failure to cure any violation of this section within 30 days of impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal Services may dispose of such an impounded dog, in a humane manner at the expense of the owner. C. Upon second occurrence of a violation of this section, failure to cure within 10 days of impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal Services may dispose of such an impounded dog, in a humane manner at the expense of the owner. SECTION SEVENTEEN: REPEAL. Collier County Ordinance No. 93-56, as amended by Ordinance No. 94-10, Ordinance No. 01-39, Ordinance No. 05-57, and Ordinance No. 07-23, is hereby repealed in its entirety. SECTION EIGHTEEN: 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. I f any phrase or portion of this Ordinance is held invalid or Wlconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINETEEN: 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 TWENTY: EFFECTIVE DATE. ..--.. This Ordinance shall he effective upon filing with the Department of State. 19 Agenda Item NO.1 OA June 10, 2008 Page 22 of 23 PASSED AND DULY ADOPTED by tbe Board of County Commissioners of Collier County, Florida tbis day of June, 2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. By: By: Deputy Clerk TOM HENNING, Cbairman Approved as to fonn and legal sufficiency: Colleen M. Greene Assistant County Attorney 04.DAS-OI10S/<JHO 20 Page I of I Agenda Item NO.1 OA June 10, 2008 Page 23 of 23 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS Item Number: Item Summary: 10A This item to be heard at 100 p.m. Recommendation to approve proposed changes to repeal and replace the Animal Control Ordinance (Ordinance No. 93-56, as amended), to strengthen the section pertaining to dangerous dogs, to provide a uniform method for revision of fees. to provide for mandatory spay/neuter of animals upon return to owner after impoundment, and to more clearly define leash law and the affidavit of complaint process, and direct staff to advertise ordinance changes to be approved by the Board at a future meeting. (Amanda Townsend, Interim Director, DAS) Meeting Date: 6/10/2008900.00 AM Prepared By Margo Castorena Director Date Public Services Domestic Animal Services 11/8/20077:22:09 PM Approved By Amanda Townsend Operations Coordinator Date Public Services Parks and Recreation 5/13/200811:25AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 5/14/20083:36 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 5/15/20064:45 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5130/20088:40 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 5/30/200810:31 AM Approved By James v. Mudd County Manager Date Board of County Commissioners County Manager's Office 5131/20082:07 PM ~