Resolution 1998-244
IbC13.'
RESOLUTlO;l; NO. 98- ~
A RESOLUT/O;l; OF Tilt: BOARD OF COUNTY CO.\I~IlSSIONf:RS OF COLLIER
COUNTY, FLORIDA. Iii REGARD TO ANIMAL COIiTROL VIOLATIONS.
AUTIIORIZI;I;G ALL DIRH.TORS Ot' TilE DEPARTMENT OF DOMESTIC ANIMAL
SERVICES FOR COLLIER COUNTY TO REQUEST TIlAT .JUDGES OF TilE
FLORIDA COURTS Iii COLI.JER COUNTY ISSUE "ORDERS TO SIIOW CAUSE" TO
PERSONS WIlO FAIL TO PAY Tilt: CIVIL PDIALTY. FAIL TO APPEAR IN COURT
TO CONTEST SUCII A C/TAT/Oli. OR FAIL TO APPEAR IN COURT FOR A
MANDATORY COURT APPEARANCE.
WHEREAS, Subsection 828,27(2)(1). Florida S(u/lIles. regarding local animal cOnlrol
and cruelty laws and ordinances. rro"idcs that if... person cited fails 10 ray the required ci~'il fine.
fails to appear In court to contest an ,tnill1al conlrnllaw 'll<1[iol1, elr fails to <lppc<.lr in cOLlI1 for any
mandatory court appearance related to animal control laws. IhL' Judge IS expressly authorized to
issue an "Order to Show Cause" upon the request of the governing hody of the rcsrcctivc
County. Each such "Order to Show Cause" rC'Iunes that the person ciled must appear berNe the
Judge II) explain why the requircd aClion specified in the citalion had not ncen takcn, If any
person who is issued such an "Order to Show Causc" (ails to appear in respon~e to the COll!1'S
dirccti~'c, [hat person may he held in cOnlcmp[ ofcoUr1; ami
WIfEHL\S. a sundar prO\lslOn CXlstS In Section Se'.enteen or CoJlier ('oUl11y's Animal
Control Ordinance; and
\\'flEREAS. the Din.'ctor of the ()cp;:tr1mcnl of DomestIc Ammal Ser\'lces is aPPOinted
by the Board of County Commissioners (allo investigate and olhcrn'ise enforce any ",'inlations of
Chapter 828. Florida SrututC'_I. and .my other Florida Law thai has ,I purpose of prolecling
animals or pre\-'enting any acl 1)( cruelty 10 any animals, unll Ih) tn investigate am! enforec
violations of any Counly OnJinanccs thai h:nc any such purpose; and
WIIF:Rf.AS. one means ofcnforc1l1g such laws and orJinances 15 re4lJCSling lhal;1 Judge
of the Cnunly Court or of the CirCUli Coun issue an "Order 10 Show Causc" when a person who
has been cited with a Violation or all)' such law or ordinance fails 10 pay a civil fine as required
by an animal control citalion. fails In ,lppear In coun 10 contest such a cllation. or fails to ,If/pear
in court ;1.<; required hy a m;I1Hl;llnry court appc'-'r:tncc; ant!
WHEREAS. Jm!J \lorclock. the Director of the Department of Domesllc :\llltllUI
Services o( Collier COUlllY, has Inf"onllcu this Board that several animal conlrol citatIons arc
pending and she t!csires tht: one or more Judges issue, ;:t!; appropriate, "Orders to Show C;lllSC"
pursuanl to Seclion 828_27. Flom/a S/(lrllre.~: and
WHEREAS. the Direelor of the Depanmcnt of Domestic Animal Ser\'ices of Collier
County, has requested thaI the Board's power and authorilY 10 request that Judges issue Scclion
828.27. FS" "Orders to Show Cause" he t!elegalcd In her unu to all suhscqucnr Dircclors of that
Dcpanment; and
WHEREAS. the Board of County Commissioners. in response 10 her request, desires to
delegate 10 Jodi Morelock and to all subsequent Directors of the Department of Domeslic Animal
Services for Collier County, its power and authority to request Ihat one or more Judges Issue
Section 828.27. F.S" "Orders to Show Causc" as the respective Director deems 10 be appropriatc.
NOW, TIIEREFORE, BE IT RESOLVED BY TlIf: BOARD OF COUNTY
COMMISSIONERS OF COLLIER COIINTY. FLORIDA 'hal,
I. Each Director Mlhe Department of Domestic Animal Services for Collier COllllty.
pursuant 10 Subsection 828.fn. F10nda Sratl/rl'S, is. hy arpoinlm('nl to that ros;tion, :lut!lori/ed
to the greatest extent that lhe Law ,dlows to invcstigate and ('nraree all laws ant! ordinances
rclarcdto animal control and/or Ihe prc\.cnrion or cruelty to any ammals.
-I.
IbC13
2. JOth Morelock. as [)ir~clor or the Department of Domestic Animal Services for
Collier County, is hereby authorized. on hehalf of the Board of County Commissioners, to
request on the Board's behalf thai Judges issue Section 827.27, F.S. "Orders 10 Show Cause" as
she dctcnnincs to be appropriate under the circumstances of each respect!..,c case.
J. This delegation of authority shall automatically apply 10 eitch individual hereafler
appointed 10 be Director oCthe Department of Domcslic Animal Services for Collier County.
4. This Resolution shall continue in full force until repealed.
This Resolution adopted this ~ day of
and majority vote favoring same.
, ,
'"....., l ~
. ] 998, after motion, second
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY. FLORIDA
By:
7- _ ,/.
,,,,,,,,,,..... " / ....
A' ~.P.w~ly (Jo(JoJ ; ('LJr. . ,
$ 19"atlll" o;oI).
By ~\,~~ ~~~
IlA ARA B. BE ,
Approved as to FOITT1 and
Legal Sufficiency
fo~ pJ~
Thomas C. Palmer.
Assislanl County Attorney
II PU"h~'(llhy'",~ Ord~" I., .....,.. ('1"1<
-2-