Agenda 09/09-10/2008 Item # 8C
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This item continued from the July 22, 2008 BCC Meeting. Recom: P . 10 ( Animal
Control Ordinance (Ordinance No. 93-56, as amended), and to adopt Ordinance No. 2008-xx as the
Animal Control Ordinance, 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 penalties, leash law, and the affidavit of
complaint process. (Amanda Townsend)
Prepared By:
Department
Information Technology
Date
8/29/2008 12:48 :28 PM
Approved By:
Department
Approval
Date
County
Manager's Office Approved
8/31/20081 :08 PM
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ATTACHMENTS:
Name:
Description:
Type:
Executive Summary
D exec summ.Ddf Executive Summary
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D clean CODY final.odf Clean Copy Animal Control Ordinance
Ordinance
Ordinance
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EXECUTIVE SUMMARY I_PD:c=~bJgj;:-,_,=-
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Recommendation to repeal the Animal Control Ordinance (Ordinance No. 93-56,
as amended), and to adopt Ordinance No. 2008-_ as the Animal Control
Ordinance, 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
penalties, leash law, and the affidavit of complaint process
Obiective: To insure the health and safety 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 June 10, 2008 meeting, the BCC reviewed proposed changes to the Animal Control
ordinance as follows:
Regarding dangerous dogs:
· 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 secnrely 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.
· 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.
Other proposed changes:
· Eliminating fees specified in the Ordinance and allowing for fees to be established and
revised via resolution.
· Establishing clearer definitions of "at large" and "direct control" for the purposes of
strengthening the County's leash law.
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· 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 local licensed veterinarian.
· Providing that Domestic Animal Services may deny issuance of a license to any animal
without a current rabies vaccination.
· Clarifying 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 recommended repealing and replacing Ordinance 93-56, as
amended, due to the extensive revisions and additions.
The BCC approved all of the above proposed changes and asked in addition that a definition of
"vicious dog" be added to Section Sixteen of the Ordinance.
In preparation for final adoption staff recommends reorganizing the sections of the Ordinance to
provide for more logical sequencing and revising the Penalties section to codify a series of
penalties of escalating severity to be issued at the officer's discretion but commensurate with the
severity of the infraction and any history of violation of the recipient.
Fiscal Impact: No Fiscal Impact is associated with adopting the new Ordinance.
Growth Manaaement Impact: No Growth Management Impact is associated with this action.
Leaal Considerations: The proposed ordinance has been advertised in compliance with
section I 25.66(2)(a), Fla. Stat. (2008). The ordinance has been reviewed by the County
Attorney's Office and is legally sufficient for Board action. - CMG
Recommendation: That the Board of County Commissioners repeals the Animal Control
Ordinance (Ordinance No. 93,56, as amended) and adopts Ordinance 2008,_ as the Animal
Control Ordinance.
Prepared by: Amanda Townsend, Interim Director, Domestic Animal Services
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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 AUTHORITY OF
DIRECTOR, INTERFERENCE WITH OFFICER IN
PERFORMANCE OF DUTY; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR COMPLAINTS;
PROVIDING FOR RABIES CONTROL; PROVIDING FOR
LICENSE CERTIFICATE, TAGS, VACCINATION
REQUIRED; PROVIDING FOR GENERAL VIOLATIONS;
PROVIDING FOR INHUMANE TREATMENT OF
ANIMALS; PROVIDING FOR DANGEROUS OR VICIOUS
DOGS, DEFINITIONS, AND PROCEDURES; PROVIDING
FOR PENALTIES; PROVIDING FOR DISPOSITION OF
IMPOUNDED ANIMALS; 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 WILD ANIMALS;
PROVIDING FOR PSITTACINE BIRDS; 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 that 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
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WHEREAS, for consistency and clarity, staff recommends repealing and replacing the
Ordinance due to the extensive revisions and additions; and
WHEREAS, on May 27, 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 purpose, and directed staff to amend Ordinance No. 93-56, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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
meanmg:
"iciaus Ai,,!ressive animal means any animal of fierce or dangerous propensities likely to
cause physical injury or property damage or that exhibits traits of ungovernaeH#yableness.
Animal means every living dumb creature.
Animal Calirl'al Services means the Collier County Domestic Animal Services
department.
At,large means off the premises of the owner and not under the direct control, cHstody,
charge or possessioR of the owner or other respoRsible competent person, eitaer by leaDh, cord,
chaiB or other'1:ise on a suitable leash of dependable strength sufficient to restrain the animal.
Business means holding oneself out, either expressly or impliedly, to the public or any
portion of the public to buy or sell any animal, as a principal or an agent.
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County veterinarian means a veterinarian, duly licensed by the state, appointed by t e
Beaffi director of animal services to be a consultant to the County health department and to the
director of animal cOEltml services.
Dangerous or vicious dog means any dog that according to the records of the appropriate
authority:
A. Has aggressively bitten, attacked, or endangered or has inflicted severe
injury on a human being 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, 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.
Direct control means the immediate, continuous physical control of an animal at all times
by such means as a fence, leash, 6md sr shain tether, or suitable leash of dependable strength
sufficient to restrain the animal; or especially trained hunting animals engaged in legal hunting,
or animals engaged in shows or organized obedience training programs where the animals
respond to commands.
Director of demcstic animal services means the director of the cElllnty's anilRad 6ontrol
Collier Countv Domestic Animal Services department, inelllding designees sf the direstsr and/or
BliSh otHer flerSElns desigElated by the County or his or her designee.
Demestic €fd.nimal services center means any place approved as such by the Board of
County Commissioners for the detention, care and/or treatment of animals in custody.
Health officer means the director of the County health department, or his designee.
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 inelude any animal sontrol services center or any veterinary hospital, or any animal facility
operated by any subdivision of local, state or federal government. Kennel shall not inelude any
research facility subject to inspections under any provision of any state and/or federal law.
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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 biologicals production or other substantially similar research or testing for
scientific, medical, biomedical, educational, or veterinary purpose, by any individual, school,
college, university, hospital, laboratory, or any other institution or entity of any description,
public or private. Such uses of an animal that does not expose any animal to any incision or
puncture, to torture, torment, or cruelty, to any immediate or future damage or impairment, or to
unusual stress, is not research or testing as defined herein.
Rodeo means any event or show involving the use of equines, and/or bovines for the
exhibition of skills in riding, bronco or bull riding, calfroping, and/or bulldogging, where a fee is
charged to witness the event
Stable means any place of business or premises used to maintain four-legged grazing
animals for the purpose of either a riding stable, pony rides, livery stable, animal rental and/or
animal boarding facilities, for a fee.
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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.
Wild animal means any living non,domesticated species defined as wildlife by the
wildlife code of the state game aRd freshwater fish and wildlife conservation commission, and
aoy free, roaming cat or dog.
SECTION THREE: AUTHORITY OF DIRECTOR; INTERFERENCE WITH OFFICER
IN PERFORMANCE OF DUTY.
L The director of domeBtie 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 article, and have such animal impounded within the domestic animal services shelter 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 article.
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 article 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 article when demand for surrender of
the aoimal is made by the health officer, director of dOffiestie aoimal services, or other
enforcement officer.
5.
Fees related to impoHRaffieBtB are as f-oYows:
L First illipsbllUiment e: degs, ems and ethu s.wall 6lnimal-6: ~25.00
if Beuterea; ~'75.00 if BOB Beutered; $50.00 is to be refHBBed if the aflimal is BeHtoreEl withiB eO
days aftor impoHBdmeBt.
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Third (or oHssequent) impoHndfllent if nelitered: SIOO.OO. Third (or SHsSe'llient)
impoHndment if nOR neHtered: SI25.00.
First impoundment ef sqliine, bo'/ine aRd otilsr livsstesk: SSO.OO.
SecoRd impoundmeRt of the same livestock or other livestock from tae same site:
$75.00.
Taird (or more) impclUndment of same animals or from tas same site: $100.00.
2. ,A,dvcrtdng 6/ il11fJfI:ll'ltieti li:'cstsck: Direct cost J3ills 50 percent
f-or administration.
3. La.eeratoF}' and veler-i:uIPia.."l fees: Direct cost J3lus 50 J3ercent for
administration.
1. Tl'I5lnsfJsrla.tisl'l !Inti se.-lice fees /-sr il'llfJSbll'lded li:'esteck: Direct
for admiaistratiflR,
B. The aem'e fees may se revised by resolutions adSJ3lea sy Hie soard.
8. In adciition to, or in lieH sf, imJ3slffiding aHY aHimaI fOlind in
violation of tllis seetisn tae director of domestic animal ssr.-ices, deputy saeriff, mlllliciJ3al J30lice
officer, or otller snf-orcemeHt officer emJ30weredle eHf-orce this section, may isnue te Hie oWller
of (or to tlle pef5en in eHstody of) sHcll animal a neliee ef '/iolatioll aHd a service f-ee of $15.00
fer tile [Hot sHch notice to be J3aia 10 dementic animal services within 72 hOlim, eJCc111dillg
Saturdays, SHndays and legal holidays. The f-ee f-or a second notice of violation issued regarding
tile animal, w.'/ner, or custodian, is $35.00, aHd is $50.00 for a third notice and all soosequsnt
notices. If the apJ3licable f-ee is nBt paid '.yithin Hie prescribed time, tile matter will be aceoraea
approprial'e ellforsement ancl/er eolleetion previnien.
5. 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,
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stables, animal acts, rides, used in rodeos and/or other commercial public displays of such
animals upon resolution by the Board.
6. The director or the Sheriff of Collier County, or their respective designees, shall
have the authority to destroy any free roaming untagged dog or cat when other reasonable means
and methods to capture are tried but failed, or when a diligent search has been made to establish
ownership has failed, and it has been ascertained by citizen complaint or investigation that the
animal has aggressive tendencies and poses a threat of injury to persons or other animals, or has
caused bodily injury to a person or has physically injured or killed livestock.
SECTION FOUR: ENFORCEMENT.
I. By animal control enforcement officer and sheriff. The director of animal control
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 centrel services department.
A. Designation. The 00affi director of animal services is hereby authorized to
designate agents or employees of the County department of animal control services as animal
control enforcement officers. It shall be the responsibility of the 00affi director to determine the
training and qualifications of any employee or agent so designated, subject to minimum
requirements specified in F.S. S 828.27. SHeh designation shaH be by resolution adojlted at any
regHlar or sjlecial meeting of said board.
B. Authorization. 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 ciUltie/1s venalties. Any person designated as an
animal control enforcement officer is hereby authorized to issue cillltiens venalties as outlined in
Section Eleven for violations of this article and subsequent amendments hereto. The form of
penaItv issued mav be determined at the discretion of the animal control officer or officer of the
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sheriff's office. but shall be commensurate with the severitv of the infraction and anv historv of
violation of the recipient.
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
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.g 122.34
and F.S. Ch. 943.
SECTION FIVE: COMPLAINTS.
I. Complaints for alleged violation of this article shall be communicated to the
director of animal cOHtrol services, sheriffs office or police department. Upon receipt of a
complaint, an investigation shall be conducted to determine if there is aoy violation of this
article. If it is ascertained that any provision of this article is being violated, proper aod lawful
action will be taken to enforce this article.
2. Upon receipt of ilft more than one "affidavit of complaint" for any violation of this
article sigHed by tWEl or more resideBts (each eeHlfJlaiHaHt residiHg iH sefJarate d',velliHgs iH the
...iciHity of the violatioH) . each prepared and signed independent Iv bv a resident of a separate
dwelling in the vicinitv 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 citatieB penaltv for the
violation, including, subject to F.S. g 828.27, and conditions of this article, a mandatory court
appearance or appearance before the special master magistrate.
3. Intentional falsification of information on an "affidavit of complaint" shall be a
violation of this Article, and punishable as provided in Section Eleven.
SECTION SIX:
RABIES CONTROL.
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I. The director of animal cORtrol services shall give first priority to requests of the
health officer to investigate cases involving rabies or the suspicion of rabies.
2. Any person having knowledge of an animal biting. scratching or otherwise
wounding a person by contact shall immediately report the facts to the County health department
or to the department of animal cORlrol 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
GORtrol services, police, sheriffs office, or health officer.
A. Unvaccinated dogs and cats will be impounded and quarantined for ten
days of clinical observation in the animal GaRkal services center or at a local veterinarian clinic
authorized by the health officer or director of animal coatrol services. Impoundment and
boarding fees will be paid by the owner of the animal. Other animals will be impounded and
quarantined by direction of the health officer or director of animal GORtrol services.
B. Dogs or cats !alowa to Ha','e lJiHea a ImHlaa aRa ',','hicH Has 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 cORtrol 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
coatrsl 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.
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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 cOfltrol
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 cOfltrol 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 cOfltrol services, and shall
immediately surrender the body of the animal without altering the body in any manner.
7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is
bitten by a known rabid animal shall be immediately destroyed. HS\".'B'/er, ilf it is an owned
animal, however. the owner may elect to have the animal confined and quarantined at the animal
csatrol services center, or at another location approved by the health officer or director of animal
eoatrol services, for a period of up to six months. AIl costs of the detention of the animal will be
at the expense of the owner.
8. The director of animal coatrol 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 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.
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A. The license will be issued for a period of one year and is required to be
renewed annually thereafter and must remain current at all times.
B. The lieeRse '.':ill be iSGHed f-or a period of ORe year and is reqHired to 8e
renewed aRRHally thereafter afld mHot remain ernTeRt at all times. 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 j'ear of issHe aIld license number shall be issued.
D. The tag shall be affixed to the animal's collar or harness at all times,
except when the animal is confined, securely fenced or participating in an organized match,
show, trial, or obedience training.
E. The license issued under this section shall not be transferable from animal
to animaloor from owner to owner.
F. Each license and tag must be obtained from persons designated by the
COlinty admiRiGtf"atsr director of animal services. License forms provided by the director of
animal control services for the registration and licensing of dogs and cats shall be completed and
be submitted to the director of animal control 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 bv resolutions adopted bv the Board of Countv Commissioners. Forms
and license tag's will be furnished bv the Countv 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 mav denv issuance of a license to anv
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. }.. Cost of aflflHa~ liceflse f-er HOg or cat is:
$7.00 f{)r neatered.
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$S.OO RElR Reliter HRaer ORe yea> Elf age, $25.00 if ROR Reuterea and ORe yea> of age or
eMff,
The anBlial f-ee shall be $25.00 if the nOB Belitered dog er eat is mere tEaR oae year of age
and is a breediRg pet or a show pet oWllea bo' a cOlinty lieensea keanel or by aay ElWller of the
kellae1.
The animal's o'.\'IIer is respoRsible for pro'.'idiRg proof that his or hei" eat or dog has beeR
aeliterea.
B. Cost of obtaiRiBg dHplieate tag is $4.00.
C. The east of sHeh lieease is waived f-or persolls who are legally bliRd or
deaf alld WHose dog is a seeiag eye dog, a Heanab ear dob, or a la'll eaf-ereemeat deg eertified as
sHeH by a eourt of la'll or other aHtHori;3ed governmeatal eertifyiag ageaey.
D. Lieellse fees establishea by this artiele ilia:,' [rem time te time be revised
by reselHtieas Elf the boa>.a.
3. A. License fees are established and revised bv resolutions of the Board of
Countv Commissioners. A portion of each non-neutered/non,spaved animal license fee will be
deposited in the Countv neuter/spay trust fund for the purpose of funding the Countv's
neuter/spay program. The amount to be deposited is established and reyised by resolutions
adopted by the Board of County Commissioners.
B. Lieease f-ees are waived for persofls who are legally buad or deaf IlIId
'.'.'hElse dog is a seeiag eye dog, a heariflg dog, or a law enf-orcemeat dog eertified as saea by a
COHrt of la'll or other aHthorized goyernmefltal certifyillg abeacy.
SECTION EIGHT: PROHIBITED ON BKA.CHES; RUNNINC f. T U.RCE; SPECIFIC
LOCf.LES; FEJl.if_LE DOCS; CHASINC VEHICLES; D:\M:\CE
TO PROPERTY; YICIOUS DOCS; NUISf.NCE, f.B:\NDONMENT;
CONFINED IN UN:\TTENDED MOTOR YEHICLE. GENERAL
VIOLATIONS.
]. 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
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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, iaclHffiag the eKercisiag sf aflY aaimal, whether fettered or unfettered, fer the
pHIll8se sf elimiHatisfl of waGtes. except where the landowning or managing agencv has
established a clearlv designated area for such use.
D. To enter any plaee building where food is stored, prepared, served or sold
to the public, or any other public building or hall; provided however, that this provision shall not
apply to any blind or deaf persons using seeing-eye or hearing-ear dogs, to public buildings used
for animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer
or code enforcement officer.
E. To trespass upon private or public property so as to damage or destroy any
property or thing of value, or to defecate and create a sanitary nuisance thereon, including ffi
defecate 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 ef.
F. To chase, run after, or jump at vehicles or bicycles using any road or road
right-of-way.
G. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully
using any road right-of-way.
H. To bark, whine, howl, or cause other objectionable nOIse, which is
offensive and of such a continuous duration of time so as to create a nuisance.
1. To be abandoned and thereby relinquish control of an animal with the
intent or purpose of setting the animal at large.
J. To be confined in an unattended motor vehicle without sufficient
ventilation or under other conditions for such periods of time as may endanger the health and/or
physical well, being of the animal due to heat, lack of potable water, or such other circumstances
as may reasonably cause suffering, disability, or death to the animal.
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It shall be unlawful for an owner to keep, harbor or maintain any
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aggressive dog or any dog with aggressive vicioHs 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 Jessee, 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 come in contact with any male dog except for intentional breeding with a
specific male dog.
SECTION NINE: INHUMANE TREATMENT OF ANIMALS.
I. It shall be unlawful for any person to:
A Cause, encourage, allow, permit or suffer any dog, cock, or other animal
to participate in, or be trained to fight other dogs or cocks, or to maim, mutilate or disfigure an
animal of the same or another species, including as an object (lure) to tempt or entice another
animal to race, usually on a track.
B. Maim or disfigure any dog, cat, or other animaL
C. Administer poison or expose any poisonous substance with reason to
know that the same may kill an animal other than the common rat or mouse.
D. Own or possess a dog that is known to habitually attack, injure, or kill
other animals.
E. Torment any animal or deprive any animal of shelter or sufficient quantity
of good and wholesome food and water.
F. Keep any animal in an enclosure without wholesome exercise and change
of air.
G. Abandon to die any animal that is maimed, sick, deformed or diseased.
H. Beat and cause unnecessary injury and suffering to any animaL
I. Carry any animal upon or leave any animal in any vehicle in a cruel or
inhumane manner or in any manner that threatens the health of the animal, such as by
overheating, lack of sufficient fresh air, wholesome food, and/or potable water.
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2. The director of animal control services shall impound any animal found to be
cruelly treated as defined in this article.
3. Whoever violates any provision of this section shall forleit 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 TEN:
PROCEDURES.
DANGEROUS OR VICIOUS DOGS, DEFINITIONS, AND
1. Definitions.
A. Dangerous or vicious 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.
B. Unprovoked means that the victim who has been conducting himself or
herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a
dog.
C. Severe injury means any physical injury that results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
D. Investigation is conducted by a8ffiestie 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.
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E. Prover enclosure means that. while on the owner's propertv. the dog can
be securelv confined indoors or in a securelv enclosed and locked pen or structure. suitable to
prevent the entrv of voung 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 domestic animal services, or his or her designee, makes
an initial determination that a dog is dangerous, based on the initial investigation, the County
shall provide written notification of that determination to the owner of the dog. Notice shall be
by certified mail, by certified hand delivery, by service pursuant to F.S. ea. 1 g 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 Bomestic animal services. If the
dog's owner files a timely written request for a challenge bhearing, the effective date of the
determination shall be 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 eORtrol services, who are chosen on 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 fWe ~ 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 ilQl 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
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the investigation and resolution of any hearings related to the dangerous dog classification. No
dog that is the subiect of an investigation shall be relocated or ownership transferred during this
time.
E. Animal services mav impound anv dog under investigation if the owner is
unable or unwilling to securelv 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 of Dangerous Dog andfees.
A. Registration of dangerous dog. Not later than fourteen !l41 calendar days
after the final effective date, as specified above, that the dog is determined to be a dangerous
dog, the dog's owner must file a complete written standard form application with domestic
animal services to be issued a certificate of registration for the dangerous dog. Tae duration of
eaca certificate is 365 days. 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 receiflt or otaer .;:rit-ten proof tHat the dog aas seea
fle!'HlfHlently identified as a daagerOliS dog; fHB ful a color photograph that clearly SHews taB
ffORt of each reqH;red sign flosted at tHe flremises of tHe daRgeroHs dog of dog and a signed
acknowledgement form that the dog will be identified bv name and address on the Collier
County Animal Services website; (iii) a celer photograflH that clearly sae.....s thB freRt of eaCH
re"lHired sigR flosted at the premises of tae daageroHs dog a receiPt or other written proof that the
dog has been permanentlv identified (via tattoo or microchip); ana (iv) a current certificate of
vaccination for the dog; and (v) a receipt or other written proof that the dog has been spaved or
neutered by a licensed veterinarian. i\nimal services will provide the re"lHirad siga. There shall
ee a late fee of $:10.00 per day f-er each day taat tae certificate is Rot iS8Hed. If there is a medical
or other reason that the dog cannot be spaved or neutered. the owner will provide the reason in
writing signed by a Collier Countv licensed veterinarian.
:B. "o\Bimal sankes shall have UjJ to ten days after receiflt ef a eOHlfllete
llflplicatioR te Blake a site vi8it aRd iGsHe the reqHeGted iaitial certificate.
4. "ielatieNs.
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/.. Failure to comply witH the ill'.'esl'igatioll sHall be a violatioll of Collier
COUllt)' ordillallces alld subject to a citation iffidlor fiRe ill compliauee with. F.8. ~ 828.27, iffid
COUlR)' Ordillallce 93 56, as amcllded.
B. Failure to register iffid compl)' witH all requiremelltG of tHis secti811 iffid tHe
Florida 8tatutes aRd failure to timely claim a dog tHat is impOlmded with. allimal services iffid tHat
haG beell declared dallgermlG ill compliallee witH this seetioll, will result ill f{)rfeiture of
o','/lIership of tHe dog. .'.lIimal services ma)' dispose of SUCH all impouRded dog, ill a Humalle
miffiller at tHe eJlpellse of the 8Y.'Rer if the OWRer does 1I0t make proyisiolls to claim tHe dog
withill tell days of tHe latter of (I) the illitial classificatioll of tHe dallgerous dog, (2) tHe
determillatioll of a dallgerous dog by tile three member pallel, or (3) the eORclusioll of allY appeal
','.'hieH is deeiEleEl adversely to the eWRer aRd tHe dog is filially classified as diffigerous.
B. Within ten davs of receipt of a complete application, Animal Services will
make a site visit to ensure provision of a proper enclosure. and posting of the premises with a
clearly visible waming sign at all entry points that informs both children and adults of the
presence of a dangerous dog on the property. Animal Services will provide the required signs.
Upon completion of a successful site visit. Animal Services will issue the requested initial
certificate. The duration of each certificate is 365 davs. There shall be a late fee of $10.00 per
dav for each day that the certificate is not issued.
C. Annual renewal of certificate of registration. A standard renewal
application must be filed annually at least ten calendar days prior to the date that the respective
certificate is to expire. A complete application for a renewal certificate shall include the $300.00
renewal/administrative fee, a then current color photograph of each dangerous dog sign posted at
the premises where the dangerous dog resides, and a current certificate of vaccination.
D. Failure to re-register. There shall be a late fee of $10.00 for each dav that
a complete renewal application is not filed. Animal Services may impound anv dog whose
owner has (i) filed to re-applv 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
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of ownership of the dog. Animal Services mav dispose of such an impounded dog. in a humane
manner. at the expense of the owner.
4. SubseQuent handlin!? of dan!?erous do!?s.
A. The owner shall immediatelv notifv animal services when a dog that has
been classified as dangerous:
(I) Is loose or unconfined:
(2) Has bitten a human being or attacked another animal:
and/or
(3) Is sold. given awav. or dies.
Prior to a dangerous dog being sold or given awav. the owner shall provide the
name. address. and telephone number of the new owner to Animal Services. The new owner
must complv with all the requirements of this Article. The owner is required to notifv the
appropriate animal services authoritv if the dog is moved out of iurisdiction.
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 bv a substantial chain or
leash and under the control of a competent person. Unless prohibited bv the dog's phvsical
make-up. as in brachvcephalic breeds. the muzzle must be of a cage,stvle 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 mav exercise the dog in a securelv 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
onlv members of the immediate household or person 18 vears of age or older are allowed in the
enclosure when the dog is present. When being transported. such dog:s must be safelv and
securely restrained within a vehicle.
5. Attack or bite bv dan!?erous do!?
A. If a dog that has previouslv 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. Stat.. and subiect to imposition of a fine
not to exceed $500. In addition, the dangerous dog shall be immediatelv confiscated by animal
services. placed in quarantine. if necessarv. for the proper length of time. or impounded and held
for 10 business davs after the owner is given proper written notification, and thereafter destroved
in an expeditious and humane manner. This 10-dav time period shall allow the owner to request
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a hearing as outlined in Section Ten of this Article. The owner shall be responsible for pavment
of all boarding costs and other fees as mav be required to humanelv and safelv keep the animal
during anv appeal procedure.
B. If a dog that has not been declared danl(erous attacks and causes severe
iniurv to or death of anv human. the dog shall be immediatelv confiscated bv animal services.
placed in quarantine. if necessary. for the proper length of time or held for 10 business davs after
the owner is given proper written notification. and thereafter destroyed in an expeditious and
humane manner. This IO-dav time period shall allow the owner to request a hearing under
Section Ten of this Article. above. The owner shall be responsible for pavment of all boarding
costs and other fees as mav be required to humanelv and safelv keep the animal during anv
appeal procedure. In addition. if the owner of the dog had prior knowledge of the dog's
dangerous propensities. vet demonstrated a reckless disregard for such propensities under the
circumstances. the owner of the dog is guiltv of a misdemeanor of the second degree. punishable
as provided in Chapter 775. Fla. Stat.. and subiect to imposition of a fine not to exceed $500.
C. If a dog that has previouslv been declared dangerous attacks and causes
severe iniurv to or death of any human. the owner is guiltv of a felonv of the third degree.
punishable as provided in Chapter 775. Fla. Stat. In addition. the dog shall be immediatelv
confiscated bv 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
destroved in an expeditious and humane manner. This lO,dav time period shall allow the owner
to request a hearing under Section Ten of this Article. The owner shall be responsible for
payment of all boarding costs and other fees as may be required to humanelv and safelv keep the
animal during any appeal procedure.
D. If the owner files a written appeal under this section. the dog must be held
and mav not be destroved 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 activit v at the time of the attack. the owner is not guiltv of anv crime
specified under this section.
6. Violations.
A. Failure to complv with any provision of this section mav result in a fine
not to exceed $500 and impoundment of the subiect dog. Upon written notice form Animal
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Services. the owner must allow access to the dog for the pUI1?oses of impoundment. The owner
is responsible for all costs related to impoundment.
B. Failure to cure anv violation of this section within 30 davs of
impoundment of the subiect 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 davs of impoundment of the subiect dog will result in forfeiture of ownership of the
dog. Animal Services mav dispose of such an impounded dog, in a humane manner at the
expense of the owner.
SECTION ELEVEN: PENALTIES.
I. For anv violation or alleged violation of this article. the director of animal
services, deputv sheriff. municipal police officer. or other enforcement officer empowered to
enforce this article. mav issue to the owner of (or to the person in custodv of) the animal a
written warning statement.
2. For a violation of Section Seven of this article. the director of animal services.
deputv sheriff. municipal police officer. or other enforcement officer empowered to enforce this
article. mav issue to the owner of (or to the person in custodv of) the animal a written warning
statement under which the recipient must come into compliance within seven davs of receipt.
Failure to complv mav result in issuance of a citation.
3. For anv violation of Section Eight of this article. the director of animal services.
deputv sheriff. municipal police officer. or other enforcement officer empowered to enforce this
article. mav issue to the owner of (or to the person in custodv of) such animal a notice of
violation. A fme of $25.00 is to be paid to animal services within 72 hours. excluding Saturdavs.
Sundays and legal holidavs. If the notice of violation fine is not paid within the prescribed time.
a citation mav be issued.
4. A violation of this article is a civil infraction as provided in FS. ~ 828.27. For anv
violation of this article, the director of animal services. deputv sheriff. municipal police officer.
or other enforcement officer empowered to enforce this article. mav issue to the owner of (or to
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the person in custodv of) such animal a citation. N otwitastaRdiag fleaalties set feRa iB seetioB 2
1111, t Ille maximum ei',il peBalty fDr a violatioB of ~ais article is Rot to exceed $500.00.
A. A citation issued by an animal control enforcement officer under the
provisions of this section shall be in a form prescribed by the board. Such citation shan contain
an known information required by F.S. 9 828.27, 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 master 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 master 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 master magistrate or in court. Subject to the limitations now or
hereafter specified in FS. 9 828.27, a mandatory special master magistrate or court appearance
may be required by the issuing officer. Mandatory appearances before a special Blaster
magistrate may also be ordered by the special master magistrate as specified in tae EeetioB
EleyeB of this ordiBaBce this section, or as otherwise within the special mast-er's magistrate's
authority.
B. If aRY flerGon, whether plielie er flffyate, shall fail or refliGe to obey or
eomply wita or 'liolates aB)' flrs':isieB sf this miele, SHell persoB, Upon conviction of any SHeft
civil infraction, the violator shall be punished by a fine not to exceed $500.00 in the discretion of
the court or special magistrate, as applicable. Each day of the violation or noncompliance as to
each animal shall be considered as a separate and distinct offense. In addition, any person
convicted under any provisions of this article shan pay all costs and expenses involved in the
case.
C. Each violator shall be required to pay an administrative surcharge of $5.00
plus a $2.00 surcharge to pay the costs of the 40-hour minimum standards training course for
animal control enforcement officers for each cited violation.
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D. Each person or entity that commits one or more civil infraction(s) under
this article, but does not contest the citation, shall pay a fine for each such separate offense as
follows:
(I) Non-aggravated violations. Fines for an uncontested citation of
violation of any provision of this article, except any aggravated violation described in paragraph
(2) below and as defined above, are as follows:
(a) First citation: $100.00 for each first offense.
(b) Second citation: $200.00 for each second offense.
(c) Third (or more) citation: $300.00 for each such offense if a
mandatory appearance is not required by the animal control enforcement officer named on the
citation. If a mandatory appearance is required by the animal control enforcement officer named
on the citation, the recommended fine should be more than $350.00 but not more than $500.00.
The amount of the fine(s) shall be as determined by the special master magistrate or other trier of
fact. A mandatory appearance shall be required for each third and each subsequent citation if the
violator has not at the time of issuance of the citation paid all fines and all surcharges for all prior
citations.
(2) Aggravated violations. A violation of Section Twelve, paragraph 4;
Section Eight, paragraph I, subsection I or J; or Section Nine, paragraph I shall be considered an
aggravated violation. For each uncontested aggravated violation, the fines and appearance
obligations are as follows:
(a) First citation: $250.00 for each first aggravated violation.
(b) Second citation: $350.00 for each second aggravated
violation and a mandatory appearance before the special master magistrate.
(c) Third (or more) citation(s): A mandatory appearance and a
recommended fine of more than $400.00 but not more than $500.00 for each such aggravated
violation. The amount of such fines shall be determined by the special maater magistrate or
other trier of fact.
E. A person who is required to appear does not have the option of paying the
fine instead of appearing before the special master magistrate.
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F. A citation that is dismissed by the County, or by the special master
magistrate or by other trier of fact shall not count as a prior citation for the purpose of
determining the number of prior citations issued to that violator.
G. The violator's failure to pay the fine, and/or to timely request a hearing
before the special master magistrate may result in an admission of guilt. The code enforcement
department shall give notice to the violator that a hearing will be conducted concerning the
alleged violation(s) and/or unpaid fines. The notice shall be in similar form to that described in
the Collier County Code Enforcement Special Magistrate Ordinance and state the time and place
of the hearing. as well as the violation(s) which are alleged to exist and/or the accruing fine
amount, if applicable. The special mas!er's magistrate's findings shall be reduced to writing and
recorded in the official records.
H. 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.
1. If the named violator is properly noticed of the hearing and fails to appear,
the special master magistrate may hear the citation and impose any penalties allowed by this
article.
J. The named violator or the County may seek to overturn a final order of the
special ma5ter 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 master magistrate
conclusive, binding, and final. All findings of the special master magistrate will be evidence at
any de novo proceeding held pursuant to this paragraph.
K. If the named violator or the animal control enforcement officer fails to
appear in court the court may issue an order to show cause. Such order shall require such
persons to appear before the court to explain why action on the citation has not been taken or the
court may render a civil judgment up to $500.00. If any person who is issued an order to show
cause fails to appear in response to the court's directive, that person may be held in contempt of
court.
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L. If any penalty provision specified by F.S. Ii 828.86 is amended, such
amended penalty provisions shall apply to this article without further action by the Board of
County Commissioners.
M. 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.
SECTION TWELVE: DISPOSITION OF IMPOUNDED ANIMALS^
I. Impounded animals not suspected of having an infectious or contagious disease
shall be held for a minimum of five full days (120 hours) to provide time for the animal's owner
to notifY staff of intent to recover the animal. The director of domestie animal services or
designee shall make at least three attempts to contact the owner of an impounded animal, if the
owner's identity is known or easily ascertained, before the animal's humane disposition. Dogs,
cats, and other animals not claimed within the five-days period, sabject to sHbseetieRs (2) aRd (3)
below, may be adopted, or may be euthanized by any method specified in FS. Ii 828.058.
.\. .\Rimals SHall be released to OYiHerS OR preseRtatisR of proof of
o\\'RersHip, or aElspted after liceRsing and HpOR payment of costn aHd fees.
Il. /.11 persoHs aEleptillg allY dog or eat from a publiG animal SHelter, Raffialle
society, or aHimal cORtrel ageacy oper-ated by a pHblic agene)', shall have aay liaGterilized animal
steriliceEl by a liceased veleRnariall \vithia 30 days of tRe adeption or prior te the aaimal's se~lHal
marnrity. The adopter shall enter into a written agreement '.vith Collier COliaty gHaraRteeing
SliCH sterilization and SHall slibmit a safficieRt deposit as reqHired by Florida Statates.
C. COliRty adoptioH fees:
I. A fee of $20.00 sRall be CHarged fDr eaCH dog or cat adopted.
2. .^. fee for all otHer aHimals adopted 'sill Be determined by market
'calHe of the alIimal.
3. Fees may be re':iseElBY resolations adopted by the Beard of c(maty
GornmisSiGflers.
D. Upon verifieatioR that aHtBorized ser:lGes have been rendered by a
veterinarian, fees from the neater/spay trust faad are to Be paid to that '1etennarian, saBject 10
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availability of funds in that tnlst fund. The amoliat ef the fee(s) to be paid to the ','eterinarian f-or
services rendered sllall be as speeified in a written agreement between the eounty and the
veterinarian.
F. Veterinarians are alithorized to sell dog lieenses and eat liGeases aad the
eouat)' shall pay a serviee f-ee of $1.00 for eaell. suehlicense sold. Forms aad license tags 'Nill be
furnislled b)' the Gaunt)' to the veterinarian.
2. Animals shall be released to owners on presentation of proof of ownership and
pavment of costs and fees.
A Fees.
(1 ) Fees related to impoundments mav include but are not limited to:
impoundment fees. advertising fees for impounded livestock. laboratorv and veterinarian fees.
transportation fees. and dailv board.
(2) Fees are established and revised bv resolutions adopted by the
Board of Countv Commissioners.
B. Micro,chipping.
(I) 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 based on the first impoundment.
(2) Animals that are already micro-chipped when impounded, must
have the information on the micro, chip recorded by MS-animal services. The information must
be accurate and current. If the information is not current, the owner must come into compliance
with this section prior to having the animal released.
(3) At the discretion of the director of animal services, or his or her
designee, the animal may be released to the owner if the owner signs a sworn statement
representing that the animal will be implanted with a micro-chip by a licensed veterinarian feF-
meaieai reaseHS. 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.
C. Mandatorv Spav/Neuter.
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(1) Animals that have been imoounded shall be soaved/neutered at the
owner's expense orior to being released to the owner. Soav/neuter shall be required based on first
imooundment.
(2) At the discretion of the director of animal services. or his or her
desi~nee. the animal mav be released to the owner if the owner signs a sworn statement
reoresenting that the animal will be soaved/neutered bv a licensed veterinarian. The owner will
be required to submit a statement within ten davs, signed bv a licensed veterinarian. confirming
that the animal has been so sterilized. No soav/neuter is required if a licensed veterinarian
certifies in writing that the surgerv would endanger the animal's health.
3. Animals not claimed within a five-dav period mav be adooted. subiect to the
orovisions below:
A Adootion fees are established and revised bv resolutions adooted bv the
Board of Countv Commissioners.
B. A portion of each adoption fee for a dog or cat will be deposited in the
County neuter/spay trust fund for the purpose of funding the County's neuter/spay program. The
amount to be deposited is established and revised by resolutions adopted by the Board of County
Commissioners.
C. Administration of the neuter/spay program shall remain under the control
of the director 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.
D. Dogs and cats that are adopted shall be micro-chiooed bv animal services'
staff at the adooter's exoense orior to being released to the adooter.
E. Dogs and cats that are adooted shall be soaved/neutered bv animal
services' veterinarian or a licensed veterinarian contracted bv animal services orior to being
released to the adooter.
F. If a dog or cat adopted from animal services is not sterilized prior to
placement in the adopter's home, the adopter shall have the animal sterilized by a licensed
veterinarian within 30 days of the adoption or prior to the animal's sexual maturity. The adopter
shall enter into a written agreement with the County guaranteeing such sterilization. aHa Bhall
BHbmit a sHffi8ieBt aerosit as reqHH-ea by state la'l:. If the subsequent sterilization is not
oerformed bv animal services' veterinarian or a licensed veterinarian contracted bv animal
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services. the adopter shall be responsible for the expense. Assumption of financial responsibility
does not relieve the adopter of the requirement to provide written proof of sterilization within the
specified time limit.
G. UpOR verifieatioR tHat autHoriced ser\'ices Rave 8eeR reRdered by a
veterillariaR, f-ees from tHe ReHter/spay trust fHRd are to 8e paid to tRat veteriRariaR, sHBject to
availability of fURds iR tllat trust fHRd. THe amouRt of tRe fee(s) to be paid to tRe veteriRariaR for
serviees reFldered SHall 8e as specified ill a written agreement 8etweeR the C8Imty aRd the
veteriRarian.
4. No person, or on behalf of any other person or entity whatsoever, shall acquire or
attempt to acquire actual or constructive possession of any animal for any use in research,
testing, animal fighting. or animal sacrifice, from the actual or constructive possession of any
County animal services center, or from any person or entity operating or controlling any animal
custody facility, pound, or animal shelter that is then leased from the County by a lease that
prohibits such use, or is then under a contract with the County which contract prohibits such use.
Such use includes the immediate or eventual sale, transfer, gift, trade, donation, delivery, or any
other provision of any animal for use in research, testing, and/or animal sacrifice. No employee,
volunteer, worker, agent or other representative of any such entity shall knowingly release from
the actual or constructive possession of any such entity, any animal for any such known or
suspected use.
5. Failure to comply with the requirements of section shall be a violation of this
article and punishable as provided in Section Eleven.
SECTION THIRTEEN:
KENNEL, PET SHOP, STABLE AND RODEO PERMITS.
L Every person who owns or operates a kennel, pet shop, grooming shop, stable, or
combination thereof, shall on or before October 1 st of each year obtain a permit from the director
of domestic animal services. A fee of $50.00 will be chaRgeG charged for the permit. Permit
fees are established and revised by resolutions of the Board of Countv Commissioners. The fee
to any humane society or not,for,profit animal protection agency is automatically waived.
2, The director of animal cElfltrol services shall issue a permit after receipt of this fee
if he determines that the premises meet established standards and regulations as established by
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the board. That permit shall be 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 coatrol services for
a permit to operate. The fee for such application and permit shall be $20.00 established and
revised bv resolutions of the Board of Countv Commissioners.
SECTION FOURTEEN: MAINTENANCE OF PET SHOPS, KENNELS, STABLES,
ETC., CARE OF ANIMALS, AND INSPECTIONS.
I. 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 coatrol services shall periodically inspect the premises of
each kennel, pet shop, stable, 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
grounds for suspension or revocation of the permit to operate.
3. The director of animal COF1trol services shaH 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 correct each discrepancy is a violation of
this article, and in addition, is ground for revocation or suspension of the permit by the director
of animal eOF1Kol services.
SECTION FIFTEEN:
WILD ANIMALS.
It shall be unlawful for any person to maintain or keep a wild animal except:
I. Owners licensed by the state fish and wildlife conservation commission and
confined to the owner's premises in a cage or enclosure.
2. A wild animal for exhibition purposes maintained by a licensed circus, zoo,
attraction or educational institution.
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SECTION SIXTEEN: PSITTACINE BIRDS.
I. A Psittacine bird known to be infected with the psittacosis virus, or to have been
associated with a bird known to be infected, shall be quarantined until released by the health
officer. No bird shall be removed from where an infected bird is found until the quarantine is
lifted.
2. When human contamination is traced to an aviary a reasonable number of birds
will be confiscated for virus examination.
3. Infected birds shall be killed and their bodies immersed in two percent Creosol
and burned before the feathers are dry if the bodies are not shipped for laboratory examination.
Shipment for laboratory examination shall be made in accordance with instructions by the health
officer.
SECTION SEVENTEEN: REPEAL.
Collier Countv Ordinance No. 93-56. as amended bv Ordinance No. 94-10. Ordinance
No. 01,39. Ordinance No. 05,57. and Ordinance No. 07-23. is herebv repealed in its entiretv.
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. If anv phrase or
portion of this Ordinance is held invalid or unconstitutional bv anv court of competent
iurisdiction. such portion shall be deemed a separate. distinct. and independent provision and
such holding shall not affect the validitv 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.
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This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this
day of July, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
By:
Deputy Clerk
TOM HENNING, Chairman
Approved as to form and
legal sufficiency:
Colleen M. Greene
Assistant County Attorney
04.DAS-Ql108/980
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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 AUTHORITY OF
DIRECTOR, INTERFERENCE WITH OFFICER IN
PERFORMANCE OF DUTY; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR COMPLAINTS;
PROVIDING FOR RABIES CONTROL; PROVIDING {<'OR
LICENSE CERTIFICATE, TAGS, VACCINATION
REQUIRED; PROVIDING FOR GENERAL VIOLATIONS;
PROVIDING FOR INHUMANE TREATMENT OF
ANIMALS; PROVIDING FOR DANGEROUS OR VICIOUS
DOGS, DEFINITIONS, AND PROCEDURES; PROVIDING
FOR PENAL TIES; PROVIDING FOR DISPOSITION OF
IMPOUNDED ANIMALS; 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 WILD ANIMALS;
PROVIDING FOR PSITTACINE BIRDS; 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;
aod
WHEREAS, at that 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
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WHEREAS, for consistency and clarity, staff recommends repealing and replacing the
Ordinance due to the extensive revisions and additions; and
WHEREAS, on May 27, 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 purpose, and directed staff to amend Ordinance No. 93,56, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
CONSTRUCTION AND PURPOSK
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:
Aggressive animal means any animal of fierce or dangerous propensities likely to cause
physical injury or property damage or that exhibits traits of ungovemableness.
Animal means every living dumb creature.
Animal SeflJices means the Collier County Domestic Animal Services department.
At,large means off the premises of the owner and not under the direct control of the
owner or other competent person, on a suitable leash of dependable strength sufficient to restrain
the animal.
Business means holding oneself out, either expressly or impliedly, to the public or any
portion of the public to buy or sell any animal, as a principal or an agent.
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County veterinarian means a veterinarian, duly licensed by the state, appointed by the
director of animal services to be a consultant to the County health department and to the director
of animal services.
Dangerous or vicious dog means any dog that according to the records of the appropriate
authority:
A. Has aggressively bitten, attacked, or endangered or has inflicted severe
injury on a human being 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, 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.
Direct control means the immediate, continuous physical control of an animal at all times
by such means as a fence, tether, or suitable leash of dependable strength sufficient to restrain the
animal; or specially trained hunting animals engaged in legal hunting, or animals engaged in
shows or organized obedience training programs where the animals respond to commands.
Director of animal services means the director of the Collier County Domestic Animal
Services department, or his or her designee.
Animal services center means any place approved as such by the Board of County
Commissioners for the detention. care and/or treatment of animals in custody.
Health officer means the director of the County health department, or his designee.
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 under 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.
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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, torment, or cruelty, to any immediate or future damage or impairment, or to
unusual stress, is not research or testing as defined herein.
Rodeo means any event or show involving the use of equines, and/or bovines for the
exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging, where a fee is
charged to witness the event.
Stable means any place of business or premises used to maintain four-legged grazing
animals for the purpose of either a riding stable, pony rides, livery stable, animal rental and/or
animal boarding facilities, for a fee.
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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.
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: AUTHORITY OF DIRECTOR; INTERFERENCE WITH OFFICER
IN PERFORMANCE OF DUTY.
I. 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
article, 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 article.
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 article 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 article when demand for surrender of
the animal is made by the health officer, director of animal services, or other enforcement
officer.
5. 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 by the Board.
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6. The director or the Sheriff of Collier County, or their respective designees, shall
have the authority to destroy any free roaming untagged dog or cat when other reasonable means
and methods to capture are tried but failed, or when a diligent search has been made to establish
ownership has failed, and it has been ascertained by citizen complaint or investigation that the
animal has aggressive tendencies and poses a threat of injury to persons or other animals, or has
caused bodily injury to a person or has physically injured or killed livestock.
SECTION FOUR: ENFORCEMENT.
1. By animal control enforcement officer and sheriff. The director of animal
services, any animal control enforcement officer, or officer of the sheriff s 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 determine the training and
qualifications of any employee or agent so designated, subject to minimum requirements
specified in F.S. g 828.27.
B. Authorization. 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 penalties. Any person designated as an animal control
enforcement officer is hereby authorized to issue penalties as outlined in Section Eleven for
violations of this article and subsequent amendments hereto. The form of penalty issued may be
determined at the discretion of the animal control officer or officer of the sheriff s office, but
shall be commensurate with the severity of the infraction and any history of violation of the
recipient.
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D. Limitation of powers. Nothing herein contained shall be construed to
authorize or permit any person designated as an animal control enforcement officer pursuant to
this section to perform any function or duties of a law enforcement officer other than specified
herein. No such officer shall make physical arrests or take any person into custody. All such
officers shall be exempt from the requirements relating to the state high-hazard retirement
program and police standards and training commission as defined or referred to by F.S. ~ 122.34
and FS. Ch. 943.
SECTION FIVE: COMPLAINTS.
1. Complaints for alleged violation of this article shall be communicated to the
director of animal services, sheriff s office or police department. Upon receipt of a complaint, an
investigation shall be conducted to determine if there is any violation of this 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.
2. Upon receipt of more than one "affidavit of complaint" for any violation of this
article, each prepared and signed independently by a resident of a separate dwelling in the
vicinity of the violation, and acknowledged under oath before an individual authorized by law to
take acknowledgements, setting forth the complained of acts, an enforcement officer shall
investigate the facts to determine if the acts complained of are a violation, and, if satisfied that a
violation has occurred, may issue a penalty for the violation, including, subject to FS. ~ 828.27,
and conditions of this article, a mandatory court appearance or appearance before the special
magistrate.
3. Intentional falsification of information on an "affidavit of complaint" shall be a
violation of this article, and punishable as provided in Section Eleven.
SECTION SIX: RABIES CONTROL.
1. The director of animal services shall give first priority to requests of the health
officer to investigate cases involving rabies or the suspicion of rabies.
2. Any person having knowledge of an animal biting, scratching or otherwise
wounding a person by contact shall immediately report the facts to the County health department
or to the department of animal services, including:
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A. The victim's name, approximate age and address;
B. The animal owner's name and address;
C. The animal's description and location; and
D. Names and description of other persons and animals involved.
3. An animal known to have bitten or scratched a human or an animal suspected of
having rabies shall, if possible, be captured or taken into custody by the director of animal
services, police, sheriff s office, or health officer.
A. Unvaccinated dogs and cats will be impounded and quarantined for ten
days of clinical observation in the animal services center or at a local veterinarian clinic
authorized by the health officer or director of animal services. Impoundment and boarding fees
will be paid by the owner of the animal. Other animals will be impounded and quarantined by
direction of the health officer or director of animal services.
B. Dogs or cats that have a current vaccination may be confined under
quarantine by fence or suitable enclosure on the premises of the owner, or at some other location
approved by the health officer or the director of animal services.
4. Wild animals that are susceptible of carrying rabies, that are being held in
captivity, or possessed as pets by private persons who are properly licensed, but which animals
have not been vaccinated with a proven anti, rabies vaccine that has been developed for that
specified species of animal and which vaccine is recognized as an effective vaccine by the health
officer, or for which no known rabies incubation period has been established by research
recognized by the health officer, which animal has either bitten a human being or which animal
is suspected of having rabies, shall be impounded and quarantined by the director of animal
services upon the recommendation of the health officer. The animal will be held in quarantine for
a specified period of time as directed by the health officer.
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
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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.
7. Any unvaccinated dog, cat, or other animal susceptible of carrying rabies that is
bitten by a known rabid animal shall be immediately destroyed. If it is an owned animal,
however, the owner may elect to have the animal confined and quarantined at the animal services
center, or at another location approved by the health officer or director 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 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 period of one year and is required to be
renewed annually thereafter and must remain current at all times.
B. The record corresponding to the license shall contain the name of the
owner, address. breed, sex and color of each animal, or other descriptive data.
C. A tag designating the license number shall be issued.
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D. The tag shall be affixed to the animal's collar or hamess at all times,
except when the animal is confined, securely fenced or participating in an organized match,
show, trial, or obedience training.
E. The license issued under this section shall not be transferable from animal
to animal or from owner to owner.
F. Each license and tag must be obtained from persons designated by the
director of animal services. License forms provided by the director of animal services for the
registration and licensing of dogs and cats shall be completed and be submitted to the director of
animal services.
G. Veterinarians are authorized to sell dog licenses and cat licenses and are
authorized to charge a surcharge for this service. The amount of the authorized surcharge is
established and revised by resolutions adopted by the Board of County Commissioners. Forms
and license tags will be furnished by the County to the veterinarian.
2. Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for
rabies when the animal is four months old or older. The owner of every dog, cat, and ferret shall
have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval
between vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall
provide proof of vaccination upon demand of the health officer or his designee or any other
person authorized to enforce this article. Animal services may deny issuance of a license to any
animal without a current rabies vaccination. No vaccination is required if a licensed veterinarian
certifies in writing that the vaccination would endanger the animal's health.
3. 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.
SECTION EIGHT: GENERAL VIOLATIONS.
I. It shall be unlawful for the owner of an animal to allow or permit his or her
animal:
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A. To be upon the beaches of the County, whether fettered or unfettered,
unless the area has been designated by the Board as suitable for use by such animals, except a
certified seeing-eye or hearing,ear dog actually in use by handicapped person, or animals used
by law enforcement officers or County ordinance enforcement personnel.
B. To run at large in or upon any public street, road, sidewalk, other public
place, or upon private property without the expressed or implied consent, subject to zoning, of
the owner or any lessee of such private property.
C. To be within any park or upon public school grounds or public playground
in the County, whether fettered or unfettered, except where the landowning or managing agency
has established a clearly designated area for such use.
D. To enter any building where food is stored, prepared, served or sold to the
public, or any other public building or hall; provided however, that this provision shall not apply
to any blind or deaf persons using seeing-eye or hearing,ear dogs, to public buildings used for
animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer or
code enforcement officer.
E. To trespass upon private or public property so as to damage or destroy any
property or thing of value, or to defecate and create a sanitary nuisance thereon, including
defecating upon roadways, road rights-of,way, sidewalks, or other property so as to create a
sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not immediately
removed and properly disposed.
F. To chase, run after, or jump at vehicles or bicycles using any road or road
right-of-way.
G. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully
using any road right,of,way.
H. To bark, whine, howl, or cause other objectionable nOISe, which IS,
offensive and of such a continuous duration of time so as to create a nuisance.
L To be abandoned and thereby relinquish control of an animal with the
intent or purpose of setting the animal at large.
J. To be confined in an unattended motor vehicle without sufficient
ventilation or under other conditions for such periods of time as may endanger the health and/or
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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 ao owner to keep, harbor or maintain any aggressive dog
or any dog with aggressive 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 aod in such a manner
that the female dog can come in contact with any male dog except for intentional breeding with a
specific male dog.
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SECTION NINE: INHUMANE TREATMENT OF ANIMALS^
I. It shall be unlawful for any person to:
A. Cause, encourage, allow, permit or suffer any dog, cock, or other animal
to participate in, or be trained to fight other dogs or cocks, or to maim, mutilate or disfigure an
animal of the same or another species, including as an object (lure) to tempt or entice another
aoimal to race, usually on a track.
B. Maim or disfigure aoy dog, cat, or other animal.
C. Administer poison or expose any poisonous substance with reason to
know that the same may kill an animal other than the common rat or mouse.
D. Own or possess a dog that is known to habitually attack, injure, or kill
other animals.
E. Torment any aoimal 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.
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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. 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 shall forfeit his right to license an
animal in the County for one year in addition to any other penalty provided by this article or
otherwise by law. Any ownership of such animal without benefit of a license shall be deemed an
additional violation of this article.
SECTION TEN:
DANGEROUS OR VICIOUS DOGS, DEFINITIONS, AND
PROCEDURES.
I. Definitions.
A. Dangerous or vicious 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.
B. Unprovoked means that the victim who has been conducting himself or
herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a
dog.
C. Severe injury means any physical injury that results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
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D. Investigation is conducted by animal services. Animal services must
interview the dog's owner when possible and may require a sworn affidavit from any person
desiring to have a dog classified as dangerous.
E. Proper enclosure means that, while on the owner's property, the dog can
be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to
prevent the entry of young children and designed to prevent the animal from escaping. Such a
pen or structure shall 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 shall provide
written notification of that determination to the owner of the dog. Notice shall be by certified
mail, by certified hand delivery, by service pursuant to Chapter 48, Florida Statutes, or as
otherwise authorized by Florida Statute. The director's initial determination shall automatically
become final unless the dog's owner, within seven calendar days after receipt of the notice, files
a written request for a hearing to challenge the director's initial determination. The written
request must be submitted to animal services. If the dog's owner files a timely written request for
a challenge hearing, the effective date of the determination shall be the date of the final decision
of the 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-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 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
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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 of Dangerous Dog and fees.
A. Registration of dangerous dog. Not later than fourteen (14) calendar days
after the final effective date, as specified above, that the dog is determined to be a dangerous
dog, the dog's owner must file a complete written standard form application with animal services
to be issued a certificate of registration for the dangerous dog. The application/administration fee
for each certificate shall be $300.00 annually. A complete application for the initial certificate of
registration shall include: (i) the filing fee and late fees, if any; (ii) a color photograph of dog and
a signed acknowledgement form that the dog will be identified by name and address on the
Collier County animal services website; (iii) a receipt or other written proof that the dog has been
permanently identified (via tattoo or microchip); (iv) a current certificate of vaccination for the
dog; and (v) a receipt or other written proof that the dog has been spayed or neutered by a
licensed veterinarian. If there is a medical or other reason that the dog cannot be spayed or
neutered, the owner will provide the reason in writing signed by a Collier County licensed
veterinarian.
B. Within ten days of receipt of a complete application, animal services will
make a site visit to ensure provision of a proper enclosure, and posting of the premises with a
clearly visible warning sign at all entry points that informs both children and adults of the
presence of a dangerous dog on the property. Animal services will provide the required signs.
Upon completion of a successful site visit, animal services will issue the requested initial
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certificate. The duration of each certificate is 365 days. There shali be a late fee of $10.00 per
day for each day that the certificate is not issued.
C. Annual renewal of certificate of registration. A standard renewal
application must be filed annually at least ten calendar days prior to the date that the respective
certificate is to expire. A complete application for a renewal certificate shali 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 shali be a late fee of $10.00 for each day that a
complete renewal application is not filed. Animal services may impound any dog whose owner
has (i) filed to re,apply for registration 30 days past the expiration of the certification; or (ii)
failed to successfuliy complete re,registration 45 days past the expiration of the certification.
Upon written notice from animal services, the owner must aliow access to the dog for the
purposes of impoundment. The owner is responsible for ali costs related to impoundment.
Failure to successfully re,register the dog after 30 days of impoundment will result in forfeiture
of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane
manner, at the expense of the owner.
4. Subsequent handling of dangerous dogs.
A. The owner shall immediately notifY animal services when a dog that has
been classified as dangerous:
(1) Is loose or unconfined;
(2) Has bitten a human being or attacked another animal; and/or
(3) Is sold, given away, or dies.
Prior to a dangerous dog being sold or given away, the owner shall provide the
name, address, and telephone number of the new owner to animal services. The new owner must
comply with all the requirements of this Article. The owner is required to notify the appropriate
animal services authority if the dog is moved out of jurisdiction.
E. It is unlawful for the owner of a dangerous dog to permit the dog to be
outside a proper enclosure unless the dog is muzzled and restrained by a suitable leash of
dependable strength and under the control of a competent person. Unless prohibited by the dog's
physical make, up, as in brachycephalic breeds, the muzzle must be of a cage-style that will not
interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it from
16
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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. Stat., and subject 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 length 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 lO,day time period shall allow the owner to request
a hearing as outlined in Section Ten of this Article. The owner shall be responsible for payment
of all boarding costs and other fees as may be required to humanely and safely keep the animal
during any appeal procedure.
B. If a dog that has not been declared dangerous attacks and causes severe
injury to or death of any human, the dog shall be immediately confiscated by animal services,
placed in quarantine, if necessary, for the proper length of time or held for 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 Ten of this Article, above. The owner shall be responsible for payment of all boarding
costs and other fees as may be required to humanely and safely keep the animal during any
appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's
dangerous propensities, yet demonstrated a reckless disregard for such propensities under the
circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable
as provided in 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
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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 this section. The owner shall be responsible for payment of all
boarding costs and other fees as may be required to humanely and safely keep the animal during
any appeal procedure.
D. If the owner files a written appeal under this section, the dog must be held
and may not be destroyed while the appeal is pending.
E. If a dog attacks or bites a person who is engaged in or attempting to
engage in a criminal activity at the time of the attack, the owner is not guilty of any crime
specified under this section.
6. Violations.
A. Failure to comply with any provision of this section may result in a fine
not to exceed $500 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.
B. Failure to cure any violation of this section within 30 days of
impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal
services may dispose of such an impounded dog, in a humane manner at the expense of the
owner.
C. Upon second occurrence of a violation of this section, failure to cure
within 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 ELEVEN: PENALTIES.
1. For any violation or alleged violation of this article, the director of animal
services, deputy sheriff, municipal police officer, or other enforcement officer empowered to
enforce this article, may issue to the owner of (or to the person in custody of) the animal a
written warning statement.
2. For a violation of Section Seven of this article, the director of animal services,
deputy sheriff, municipal police officer, or other enforcement officer empowered to enforce this
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article, may issue to the owner of (or to the person in custody of) the animal a written wiirnin~
statement under which the recipient must come into compliance within seven days of receipt.
Failure to comply may result in issuance of a citation.
3. For any violation of Section Eight of this article, the director of animal services,
deputy sheriff, municipal police officer, or other enforcement officer empowered to enforce this
article, may issue to the owner of (or to the person in custody of) such animal a notice of
violation. A fine of $25.00 is to be paid to animal services within 72 hours, excluding Saturdays,
Sundays and legal holidays. If the notice of violation fine is not paid within the prescribed time,
a citation may be issued.
4. A violation of this article is a civil infraction as provided in F.S. S 828.27. For any
violation of this article, the director of animal services, deputy sheriff, municipal police officer,
or other enforcement officer empowered to enforce this article, may issue to the owner of (or to
the person in custody of) such animal a citation.
A. A citation issued by an animal control enforcement officer under the
provisions of this section shall be in a form prescribed by the board. Such citation shall contain
all known information required by F.S. 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 F.S. S
828.27, a mandatory special magistrate or court appearance may be required by the issuing
officer. Mandatory appearances before a special magistrate may also be ordered by the special
magistrate as specified in this section, or as otherwise within the special magistrate's authority.
B. Upon conviction of any civil infraction, the violator shall be punished by
a fine not to exceed $500.00 in the discretion of the court or special magistrate, as applicable.
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Each day of the violation or noncompliance as to each animal shall be considered as a separate
and distinct offense. In addition, any person convicted under any provisions of this article shall
pay all costs and expenses involved in the case.
C. Each violator shall be required to pay an administrative surcharge of $5.00
plus a $2.00 surcharge to pay the costs of the 40~hour minimum standards training course for
animal control enforcement officers for each cited violation.
D. Each person or entity that commits one or more civil infraction(s) under
this article, but does not contest the citation, shall pay a fine for each such separate offense as
follows:
(I) Non-aggravated violations. Fines for an uncontested citation of
violation of any provision of this article, except any aggravated violation described in paragraph
(2) below and as defined above, are as follows:
(a) First citation: $100.00 for each first offense.
(b) Second citation: $200.00 for each second offense.
(c) Third (or more) citation: $300.00 for each such offense if a
mandatory appearance is not required by the animal control enforcement officer named on the
citation. If a mandatory appearance is required by the animal control enforcement officer named
on the citation, the recommended fine should be more than $350.00 but not more than $500.00.
The amount of the fine(s) shall be as determined by the special magistrate or other trier of fact. A
mandatory appearance shall be required for each third and each subsequent citation if the violator
has not at the time of issuance of the citation paid all fines and all surcharges for all prior
citations.
(2) Aggravated violations. A violation of Section Twelve, paragraph 4;
Section Eight, paragraph I, subsection I or J; or Section Nine, paragraph I shall be considered an
aggravated violation. For each uncontested aggravated violation, the fines and appearance
obligations are as follows:
(a) First citation: $250.00 for each first aggravated violation.
(b) Second citation: $350.00 for each second aggravated
violation and a mandatory appearance before the special magistrate.
(c) Third (or more) citation(s): A mandatory appearance and a
recommended fine of more than $400.00 but not more than $500.00 for each such aggravated
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violation. The amount of such fines shall be determined by the special magistrate or other trier of
fact.
E. A person who is required to appear does not have the option of paying the
fine instead of appearing before the special magistrate.
F. A citation that is dismissed by the County, or by the special magistrate or
by other trier of fact shall not count as a prior citation for the purpose of determining the number
of prior citations issued to that violator.
G. The violator's failure to pay the fine, and/or to timely request a hearing
before the special magistrate may result in an admission of guilt. The code enforcement
department shall give notice to the violator that a hearing will be conducted concerning the
alleged violation(s) and/or unpaid fines. The notice shall be in similar form to that described in
the Collier County Code Enforcement Special Magistrate Ordinance and state the time and place
of the hearing, as well as the violation(s) which are alleged to exist and/or the accruing fine
amount, if applicable. The special magistrate's findings shall be reduced to writing and recorded
in the official records.
H. 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.
1. 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.
J. 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.
K. If the named violator or the animal control enforcement officer fails to
appear in court the court may issue an order to show cause. Such order shall require such persons
to appear before the court to explain why action on the citation has not been taken or the court
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may render a civil judgment up to $500.00. If any person who is issued an order to show cause
fails to appear in response to the court's directive, that person may be held in contempt of court.
L. If any penalty provision specified by F.S. S 828.86 is amended, such
amended penalty provisions shall apply to this article without further action by the Board of
County Commissioners.
M. 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.
GEMf)' ITEM
SECTION TWELVE:
DISPOSITION OF IMPOUNDED ANIMALS.
I. Impounded animals not suspected of having an infectious or contagious disease
shall be held for a minimum of five full days (120 hours) to provide time for the animal's owner
to notify staff of intent to recover the animal. The director of animal services or designee shall
make at least three attempts to contact the owner of an impounded animal, if the owner's identity
is known or easily ascertained, before the animal's humane disposition. Dogs, cats, and other
animals not claimed within the five-day period, may be adopted, or may be euthanized by any
method specified in FS. S 828.058.
2. Animals shall be released to owners on presentation of proof of ownership and
payment of costs and fees.
A. Fees.
(I) Fees related to impoundments may include but are not limited to:
impoundment fees, advertising fees for impounded livestock, laboratory and veterinarian fees,
transportation fees, and daily board.
(2) Fees are established and revised by resolutions adopted by the
Board of County Commissioners.
B. Micro-chipping.
(I) 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 based on the first impoundment.
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(2)
Animals that are already micro, chipped when
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impounded, must
have the information on the micro-chip recorded by animal services. The information must be
accurate and current. If the information is not current, the owner must come into compliance
with this section prior to having the animal released.
(3) At the discretion of the director of animal services, or his or her
designee, the animal may be released to the owner if the owner signs a sworn statement
representing that the animal will be 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.
C. Mandatory SpaylNeuter.
(I) 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 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
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.
3. Animals not claimed within a five-day period may be adopted, subject to the
provisions below:
A. Adoption fees are established and revised by resolutions adopted by the
Board of County Commissioners.
B. A portion of each adoption fee for a dog or cat will be deposited in the
County neuter/spay trust fund for the purpose of funding the County's neuter/spay program. The
amount to be deposited is established and revised by resolutions adopted by the Board of County
Commissioners.
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C. 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.
D. Dogs and cats that are adopted shall be micro-chipped by animal services'
staff at the adopter's expense prior to being released to the adopter.
E. Dogs and cats that are adopted shall be spayed/neutered by animal
services' veterinarian or a licensed veterinarian contracted by animal services prior to being
released to the adopter.
F. If a dog or cat adopted from animal services is not sterilized prior to
placement in the adopter's home, the adopter shall have the animal sterilized by a licensed
veterinarian within 30 days of the adoption or prior to the animal's sexual maturity. The adopter
shall enter into a written agreement with the County guaranteeing such sterilization. If the
subsequent sterilization is not performed by animal services' veterinarian or a licensed
veterinarian contracted by animal services, the adopter shall be responsible for the expense.
Assumption of financial responsibility does not relieve the adopter of the requirement to provide
written proof of sterilization within the specified time limit.
4. No person, or on behalf of any other person or entity whatsoever, shall acquire or
attempt to acquire actual or constructive possession of any animal for any use in research,
testing, animal fighting, or animal sacrifice, from the actual or constructive possession of any
County animal services center, or from any person or entity operating or controlling any animal
custody facility, pound, or animal shelter that is then leased from the County by a lease that
prohibits such use, or is then under a contract with the County which contract prohibits such use.
Such use includes the immediate or eventual sale, transfer, gift, trade, donation, delivery, or any
other provision of any animal for use in research, testing, and/or animal sacrifice. No employee,
volunteer, worker, agent or other representative of any such entity shall knowingly release from
the actual or constructive possession of any such entity, any animal for any such known or
suspected use.
5. Failure to comply with the requirements of section shall be a violation of this
article and punishable as provided in Section Eleven.
SECTION THIRTEEN:
KENNEL, PET SHOP, STABLE AND RODEO PERMITS.
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I. Every person who owns or operates a kennel, pet shop, grooming shop, stable, or
combination thereof, shall on or before October 1st of each year obtain a permit from the director
of animal services. A fee will be charged for the permit. Permit fees are established and revised
by resolutions of the Board of County Commissioners. The fee to any humane society or not,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 be 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 of the Board of County Commissioners.
SECTION FOURTEEN: MAINTENANCE OF PET SHOPS, KENNELS, STABLES,
ETC., CARE OF ANIMALS, AND INSPECTIONS.
I. 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, stable, 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
grounds 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 correct each 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.
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SECTION FIFTEEN:
WILD ANIMALS.
It shall be unlawful for any person to maintain or keep a wild animal except:
I. Owners licensed by the state fish and wildlife conservation commission and
confined to the owner's premises in a cage or enclosure.
2. A wild animal for exhibition purposes maintained by a licensed circus, zoo,
attraction or educational institution.
SECTION SIXTEEN:
PSITTACINE BIRDS.
I. A Psittacine bird known to be infected with the psittacosis virus, or to have been
associated with a bird known to be infected, shall be quarantined until released by the health
officer. No bird shall be removed from where an infected bird is found until the quarantine is
lifted.
2. When human contamination is traced to an aviary a reasonable number of birds
will be confiscated for virus examination.
3. Infected birds shall be killed and their bodies immersed in two percent Creosol
and burned before the feathers are dry if the bodies are not shipped for laboratory examination.
Shipment for laboratory examination shall be made in accordance with instructions by the health
officer.
SECTION SEVENTEEN: 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. 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 the validity of the remaining portion.
SECTION NINETEEN:
INCLUSION IN THE CODE OF LAWS AND
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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 be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Comnrissioners of Coliier
County, Florida this day of September, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
By:
Deputy Clerk
TOM HENNING, Chairman
Approved as to form and
legal sufficiency:
Colleen M. Greene
Assistant County Attorney
04-DAS-OIIOB/980
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