Chapter 14 - Animals Chapter 14
ANIMALS*
Article I. In General
Sec. 14-1. Porpoises,capture and transportation prohibited.
Sec. 14-2. Possession,sale,etc.,of certain fish prohibited.
Secs. 14-3-14-25. Reserved.
Article II. Animal Control
Sec. 14-26. Title.
Sec. 14-27. Adoption by reference,construction and purpose.
Sec. 14-28. Definitions.
Sec. 14-29. Authority of Director;Interference with Officer in Performance
of Duty.
Sec. 14-30. Enforcement.
Sec. 14-31. Complaints.
Sec. 14-32. Rabies control.
Sec. 14-33. County Rabies/License certificate;tags,vaccination required.
Sec. 14-34. Keeping/adopting stray animals.
Sec. 14-35. General violations.
Sec. 14-36. Animal care;manner of keeping.
Sec. 14-37. Cruelty to animals.
Sec. 14-38. Dangerous Dogs;Procedures.
Sec. 14-39. Standards of care.
Sec. 14-40. Penalties.
Sec. 14-41. Disposition of impounded animals.
Sec. 14-42. Wild Animals.
Sec. 14-43. Psittacine birds.
Sec. 14-44. Community cats.
Sec. 14-45. Injury to animals by motor vehicles;reporting requirement.
Sec. 14-46. Disposal of bodies of dead animals.
Sec. 14-47. Tampering with animal traps or capture devices.
Sec. 14-48. Livestock.
Secs. 14-49, 14-50. Reserved.
Article III. Equine Infectious Anemia
Sec. 14-51. Definitions.
Sec. 14-52. Construction.
Sec. 14-53. Adoption of references.
Sec. 14-54. Prohibited activities.
Secs. 14-55-14-75. Reserved.
•
Article IV. Standards of Care for Animal-Related Businesses and
Organizations;Breeders;and Rodeos
Sec. 14-76. Purpose of Ordinance.
Sec. 14-77. General Standards of Care.
*Cross references-Health and sanitation,ch. 66;discharge of firearms or hunting in subdivisions, §94-62.
Land Development Code reference-Prohibited animals in residential districts,§2.6.23.
Special act reference-Special acts pertaining to animals,ch. 210.
State law references-Authority to act in the common interest of the people of the county and exercise all powers and
privileges not specifically prohibited(all in a manner not inconsistent with law),F.S. § 125.01(1)(w);livestock at large,F.S. ch.
588;damage by dogs,F.S. ch. 767;cruelty to animals,F.S. ch. 828.
Supp. No. 77 CD14:1
COLLIER COUNTY CODE
Sec. 14-78. Proper Animal Husbandry.
Sec. 14-79. Regulations for Animal-Related Businesses and Organizations.
Sec. 14-80. Regulations for Rodeos.
Sec. 14-81. Regulations for Breeders and Pet Shops.
Sec. 14-82. Penalties.
Secs. 14-83-14-105. Reserved.
Supp. No. 77 CD14:2
A § 14-25
ANIMALS
ARTICLE I. IN GENERAL hybrid of the white amur.Accordingly,the prohibi-
tions contained in subsection (a) of this section
Sec. 14-1. Porpoises, capture and shall not apply to the introduction of the triploid
transportation prohibited. hybrid of the white amur where such activities
(a) It shall be unlawful for any person to are conducted in accordance with the terms of a
capture or molest a mammalian dolphin, validly issued and valid permit from said corn-
hereinafter referred to as a porpoise, or to mission.
transport a porpoise from the waters of the
county, except an agent of the state department
of natural resources to determine the cause of,or (c) If any section,subsection,sentence,clause,
to prevent the injury,death or disease of porpoises. phrase or portion of this section is for any reason
held invalid or unconstitutional by any court of
(b) It shall be unlawful for any person to competent jurisdiction, such portion shall be
molest or capture a porpoise,in the waters of the deemed a separate, distinct and independent
county, or to transport a porpoise from the provision and such holding shall not affect the
waters of the county without written authoriza- validity of the remaining portion hereof. In the
tion from the state division of marine resources event this section conflicts with other applicable
to capture a porpoise specifically in the county or law, the more restrictive shall apply. If any part
transport a porpoise from the waters of the of this section conflicts with any part, it shall be
county. severed and the remainder shall have full force
(c) Any person who violates this section shall and effect and be liberally construed.
be guilty of a misdemeanor punishable according
to law.
(Ord. No. 72-8, § 1) (d) A violation of any provision of this section
State law references—Penalty for ordinance violations, shall be prosecuted in accordance with general
F.S. § 125.69;similar provisions,F.S. §370.28(3). law in the name of the state in the county court
by the prosecuting attorney, and upon conviction
Sec. 14-2. Possession, sale, etc., of certain shall be punished by a fine not to exceed$500.00
fish prohibited. or by imprisonment in the county jail not to
(a) The possession,sale,importation or release exceed 60 days,or by both such fine and imprison-
into any waters of the County of any of the ment. Each violation and each day a violation
following fish is prohibited: continues shall constitute a separate offense.
(1) White Amur or Grass Carp(Ctenopharyn The board of county commissioners shall have
godon idella). the power to collaterally enforce the provisions of
this section by appropriate judicial writ or proceed-
(2) Walking catfish:Any member of the Clari- ing notwithstanding any prosecution as a
idae family (Clarias, Heterophneustes, misdemeanor.
Gymnallables, Channallables or Hetero (Ord. No. 74-9, §§ 1-4; Ord. No. 82 3, § 4; Ord.
branchus genera). No. 2009 62, § 1)
(3) Piranha (Sersalmus, Rooseveltilla and Cross references—Natural resources,ch.90;waterways,
Pygocentrus genera). ch. 146.
State law reference—Penalty for ordinance violations,
(b) The State Game and Freshwater Fish F.S. § 125.69.
Commission has recommended as a safe and
useful aquatic plant management tool the use of
the triploid hybrid of the white amur in enclosed
bodies of water; and said commission issues Secs. 14-3-14-25. Reserved.
permits for individual bodies of water which are
subject to rules and regulations controlling the
distribution, quantity and site for the triploid
Supp. No. 77 CD14:3
4 14-26 COLLIER COUNTY CODE
ARTICLE II. ANIMAL CONTROL* ascribed to them in this section, except where
the context clearly indicates a different meaning:
Sec. 14-26. Title. Abandon shall mean to forsake an animal
entirely or neglect or refuse to provide or perform
This Ordinance shall be known and may be the legal obligations for care and support of an
cited as the "Collier County Animal Control animal by its Owner or its Custodian.
Ordinance."
(Ord. No. 2013-33, § 1) Animal means every living vertebrate other
than a human being.
Sec. 14-27. Adoption by reference,construe- Animal Control Officer shall be defined in
tion and purpose. accordance with F.S. §828.27,as may be amended
and shall be deemed appointed as an agent of the
The Board adopts by reference as part of this County as contemplated in F.S. § 828.03.
chapter, all laws of the State of Florida relating
to animal control, animal welfare, and animal Animal cruelty, torture or torment shall be
cruelty. It is the intent of the Board that this held to include every act, omission, or neglect
whereby unnecessary or unjustifiable pain or
chapter shall supplement the provisions of state suffering is caused, except when done in the
law, including required procedures, and that in interest of medical science, or otherwise permit-
the event of any conflict between the terms of ted under Florida Law.
this chapter and state law,state law shall control.
This Ordinance is enacted with the primary Animal hoarding means the activity of a
purpose of insuring the health of the human person characterized by the following:
esidents and visitors of the county and with the
secondary purpose of insuring the health of the A. Failure to provide minimal standards of
animals in the county. This Ordinance is to be sanitation, space, nutrition or veterinary
liberally construed to affect those objectives.
care for animals; and
B. Attempts to accumulate or maintain a
The Ordinance is established to support the collection of animals in the face of progres-
mission of animal services, as established by the sively deteriorating conditions.
Board of County Commissioners: To ensure
compliance with local and State animal-related Animal related business means any for profit
laws;to return strays to their owners and promote person or business required to hold a business
the adoption of homeless animals to new families; tax receipt that renders services to,for or by any
and to work toward ending the community domestic animal, excepting commercial
problem of pet overpopulation. agricultural operations and the offices or practices
(Ord. No. 2013-33, § 2) of State-certified and licensed veterinarians.
Examples of animal-related businesses include,
but are not limited to, boarding facilities, doggie
Sec. 14-28. Definitions. day cares, groomers, pet shops, petting zoos,
pony rides, stables, and training facilities.
The following words,terms and phrases,when
used in this Ordinance, shall have the meanings Animal related organization means any not
for-profit entity that maintains premises for the
*Editor's note--Ord. No. 2018-33,§ 1,adopted June 26, purpose of rendering services to, for or by any
2018, amended art. II in its entirety, except for §§ 14-26, domestic animal. Examples of animal-related
14-27 and 14-30 which remain as codified by Ord. No. organizations include, but are not limited to,
2013-33.Former§§14-28-14-42,pertained to similar subject
matter,and derived from Ord. No. 2013-33,§§3,4,6-17. rescues that maintain premises as a central
State law references—Dangerous dogs,F.S. §767.11 et location for their activities, sanctuaries, service
seq.;local animal control ordinances,F.S. §828.27. dog organizations and animal shelters.
Supp. No. 77 CD14:4
ANIMALS § 14-28
Animal services means the Collier County Direct control means the immediate, continu-
Domestic Animal Services Division. Animal ous physical control of an animal at all times by
services may be referred to herein as "Division." such means as a fence,tether,or suitable leash of
dependable strength, sufficient to restrain the
Animal services center means any place animal; or specially trained hunting animals
approved as such by the Board of County Corn- engaged in legal hunting, or animals engaged in
missioners for the detention, care and/or treat- shows or organized obedience training programs
ment of animals in custody. where the animals respond to commands.
At-large means off the premises of the owner Director of animal services means the director
and not under the direct control of the owner or of the Collier County Domestic Animal Services
other competent person, on a suitable leash of Division, or his or her designee.
dependable strength sufficient to restrain the Ear-notched means a"v"has been cut from the
animal.
tip of the left ear of a cat.
Commercial Breeder means any person or Ear-tipped means the tip of the left ear of a cat
business required to hold a business tax receipt has been cut in a straight line.
who engages in the sale or breeding of three (3)
or more litters of dogs or cats, per a one-year Free-roaming means any dog or cat found
period or offers one(1)or more domestic cat(s)or outdoors regardless of its appearance, behavior
dog(s) for breeding or stud purposes, producing or ownership status.
three (3) or more litters per year, excepting Grooming means that animals shall be groomed
service dog organizations that are members of in such a manner to maintain health. Animals
Assistance Dogs International. Commercial breed- shall be provided with hair,hoof,claw,nail,tooth
ers are subject to agricultural zoning require- and beak care as appropriate and as necessary to
require-
ments of the Land Development Code. maintain health and comfort.
Community cat shall means any un-owned Health officer means the director of the County
free-roaming cat that has been sterilized, vac- health department, or his designee.
cinated against rabies,ear-tipped or ear-notched,
implanted with an RFID, and returned to field Hobby Breeder means any person who
and may be cared for by one(1)or more residents intentionally or unintentionally causes or allows
of the immediate area who is/are known or the breeding or studding of one (1) or more
unknown, domestic cat(s) or dog(s), producing one (1) to
two (2) litters per household or premises per a
Community cat caregiver means any person one-year period, excepting service dog organiza-
who provides food, water, shelter, and/or cares tions that are members of Assistance Dogs
for one (1) or more community cat(s) but who International.
does not own, harbor, keep, or have custody, Livestock means all animals of equine,bovine,
control, or charge of such cats. or swine class, including sheep, goats and other
County veterinarian means a veterinarian, grazing animals.
duly licensed by the state, appointed by the Owner means any person having a right of
Director to be a consultant to the county health property in an animal. If the owner is a minor as
department and to the Director. defined by statute, the minor's parent(s) or legal
guardian(s) shall be deemed the owner for
Custodian means any person who is not the purposes of this chapter.
Owner of an animal, but is in possession of or
control of an animal. Pet dealer shall mean any person who, in
commerce, for compensation or profit engages in
Dangerous dog shall be defined in accordance the sale of a dog(s) or cat(s) for use as a pet but
with F.S. § 767.11, as may be amended. who does not engage in breeding dogs or cats.
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14-28 COLLIER COUNTY CODE
This definition excludes humane societies,private Rescue Organization, Animal Rescue Group,
nonprofit animal organizations, animal rescue Animal-related organization shall mean a duly
organizations and animal shelters. incorporated non-profit organization that has
tax exempt status in accordance with Section
Police working dog shall mean any dog owned 501(c)(3) of the United States Internal Revenue
by any State, County or municipal police depart Code, founded or chartered with the primary
ment or any State or Federal law enforcement mission being the welfare, care, and adoption/
agency,which has been trained to aid law enforce placement of stray, abandoned, or surrendered
ment officers and is actually being used for animals, and which does not breed dogs or cats
police work purposes. or obtain these animals for any form of payment
Premises means the principle place of opera- or compensation from any source other than an
tion for all animal-related businesses, animal- animal shelter. Such organizations make pets
related organizations, commercial and hobby available on a cost-recovery basis and/or foster
breeders, and rodeos, specifically where animals animals or enlist others to foster animals.
are housed on a day-to-day basis.
Rescue Pet Placement Partner means a group
Proper Enclosure for primary means of confine- of persons who has completed a Collier County
ment for dogs means an enclosed or locked pen or Pet Placement Partner application and is approved
structure, designed to prevent the animal from to rescue adopt animals from animals services,
escaping. Such pen or structure shall be a who hold themselves out as an animal rescue
structurally sound enclosure, made of materials group,accept or solicit dogs,cats,or other animals
impervious to moisture and shall also provide with the intent of finding permanent adoptive
protection from injury and the elements. The homes or providing lifelong care for such dogs,
square footage of a proper enclosure used as a cats, or other animals, and who use foster homes
Lirimary means of confinement for a dog must be as the primary means of housing animals; or a
equal to or greater than the length of the animal group of persons formed for the prevention of
from the tip of the nose to the base of the tail, cruelty to animals.
doubled, then squared, and divided by 144. For
example, a dog measuring 30 inches from the tip Research or testing means any use of any
of the nose to the base of the tail will require a 25 animal in any vivisection, including demonstra-
square foot enclosure (30 x 2 = 60; 60 x 60 = tion or practice surgery, medical or biomedical
3,600;3,600/144=25). The height of the enclosure research, medical experimentation, medical or
shall be equal to or greater than the length of the nonmedical education, or to test any medication,
animal from the tip of the nose to the base of the radiation,toxicity,element,chemical or chemical
tail multiplied by 1.5. compound,or to study the effects of any consumer
Product on humans or animals, or for use in Psittacine birds means all birds commonly
biological production or other substantially similar
known as parrots, Amazons, Mexican double
heads, parakeets, African grays, cockatoos, research or testing for scientific,medical,biomedi-
cal, educational, or veterinary purpose, by any macaws, lovebirds, loris, lorikeets, and other
individual, school, college, university, hospital,birds of the Psittacine family.
laboratory, or any other institution or entity of
Radio frequency identification device (RFID), any description, public or private. Such uses of
commonly referred to as a Microchip, means a an animal that does not expose any animal to
device that is implanted underneath the skin of any incision or puncture, to torture, torment, or
a dog, cat or other animal that when scanned cruelty, to any immediate or future damage or
produces a unique number that identifies the impairment,or to unusual stress,is not research
animal and its owner, if properly registered. or testing as defined herein.
When present,an RFID with registration informa-
tion shall be considered the primary indication of Rodeo means any event or show involving the
-1wnership. use of equines, and/or bovines for the exhibition
1/41.01
Supp. No. 77 CD14:6
` ANIMALS § 14-28
of skills in riding, bronco or bull riding, calf sanitary manner. Food shall be of sufficient
roping,and/or bulldogging,where a fee is charged nutritional value to maintain the animal in good
to witness the event. health and shall be provided at suitable intervals
for the species, age and condition of the animal
Shelter shall mean, provision of and access to
a three-dimensional structure having a roof, but not less than once daily except as otherwise
walls and a floor, which is dry, sanitary, clean, prescribed by a veterinarian or as dictated by
weatherproof and made of durable material. At a naturally occurring states of hibernation or fast
minimum, the structure must: ing normal to the species.
1. Be sufficient in size to allow each sheltered Tether means to restrain a dog by tying the
animal to stand up, turn around, lie dog to any object or structure, including without
down, and stretch comfortably; limitation a house, tree, fence, post, garage, or
shed,by any means,including without limitation
2. Be designed to protect the sheltered a chain,rope,cord,leash,or running line. Tether-
animal from the adverse effects of the ing shall not include using a leash to walk a dog.
elements and provide access to shade
from direct sunlight and regress from Trap-neuter-vaccinate-return (TNVR) shall
exposure to inclement weather condi- mean a program whereby a free-roaming cat is
tions; humanely trapped, spayed or neutered, vac-
3. Be free of standing water, accumulated cinated against the threat of rabies, implanted
waste and debris, protect the sheltered with an RFID, ear-notched or ear-tipped; and
animal from injury, and have adequate returned to their original point of pick-up or
ventilation and for dogs and cats,provide other suitable location as part of a community
a solid surface, resting platform, pad, cat management program.
floormat or similar device that is large Unaltered shall mean an animal that has not
enough for the animal to lie on in a been sterilized.
normal manner; and
4. Be properly lighted to provide a regular Unprovoked means that a person, who has
lighting cycle of either natural or artificial been conducting himself or herself peacefully
light corresponding to the natural period and lawfully, has been bitten or chased in a
menacing fashion or attacked by an animal. The
of daylight unless otherwise directed by
meaning of"unprovoked" as it relates to Section
a veterinarian. Structures with wire,
grid or slat floors which permit the Thirteen (§ 14-38) shall follow the definition as
animal's feet to pass through the open- provided in F.S. ch. 767.
ings, sag under the animal's weight or Vaccination means administering to any
which otherwise do not protect the animal, pursuant to a certificate of vaccination
animal's feet or toes from injury are issued by a licensed state veterinarian, an anti-
prohibited except for birds where perches rabies vaccine approved by the state department
are provided. of health and rehabilitative services.
Standards of Care refers to a set of rules and Water shall mean provision of, and access to,
regulations governing the care and feeding of
animals maintained in or by animal-related busi- clean, fresh, potable water, of a drinkable
nesses,animal related organizations,commercial temperature, which is free from contamination,
breeders,hobby breeders,and rodeos,as adopted and provided in a suitable manner, in sufficient
volume, and at suitable intervals, to at all times
by the Board of County Commissioners.
maintain normal hydration for the age, species,
Sustenance shall mean access to and the condition, size and types of each animal, except
provision of palatable nourishment appropriate as otherwise prescribed by a veterinarian or as
for the type of animal which is to eat it,free from dictated by naturally occurring states of hiberna-
contamination and provided in a clean and tion.
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14-28 COLLIER COUNTY CODE
Wild animal means any living non- Sec. 14-30. Enforcement.
domesticated species defined as wildlife by the
wildlife code of the state fish and wildlife conserva 1. By animal control enforcement officer and
tion commission. sheriff. The Director, any animal control enforce-
(Ord. No. 2018 33, § 1) ment officer, or officer of the sheriff's office, is
Cross reference—Definitions generally,a 1-2. empowered to enforce this Ordinance.
2. By municipal police. Upon resolution
Sec. 14-29. Authority of Director; Interfer- approved by the governing board of any
ence with Officer in Performance incorporated municipality within the confines of
of Duty. the county,the police force of any such municipal-
ity is empowered to enforce the provisions of this
1. The director of animal services(hereinafter Ordinance within that municipal corporation.
"Director") shall have all necessary authority to
enforce this Ordinance, and pick up, catch or 3. By agents, employees of animal services
procure any animal in violation of this Ordinance, department.
and have such animal impounded within the A. Designation. The Director is hereby
animal services center or other designated place. authorized to designate agents or
employees of the county department of
2. The Director shall have authority to enter animal services as animal control enforce-
upon any public or private property, except a ment officers. It shall be the responsibil-
building designated for and actually used for ity of the Director to determine the
residential purposes and other buildings within training and qualifications of any
the curtilage of the principal residential build- employee or agent so designated, subject
ing, for the purpose of enforcing this Ordinance. to minimum requirements specified in
l F.S. § 828.27.
v 3. It shall be unlawful for a person to interfere
with, hinder, molest or abuse the Director, the B. Authorization. It shall be the duty of any
health officer, or any of their subordinates in the person designated as an animal control
performance of their lawful duties under this enforcement officer to enforce this
Ordinance or under Florida law. Ordinance and subsequent amendments
hereto relating to animal control.
4. It shall be unlawful for any owner of any C. Authorized to issue penalties. Any person
animal to refuse to surrender such animal for designated as an animal control enforce-
impoundment or quarantine as provided by this ment officer is hereby authorized to issue
Ordinance when demand for surrender of the penalties as outlined in Section 14-38 for
animal is made by the health officer, Director, or violations of this Ordinance and
other enforcement officer. subsequent amendments hereto. The form
5. The Director or the Sheriff of Collier County, of penalty issued may be determined at
or their respective designees, shall have the the discretion of the animal control officer
authority to destroy any free roaming untagged or officer of the sheriffs office, but shall
dog or cat when other reasonable means and be commensurate with the severity of the
methods to capture are tried but failed, or when infraction and any history of violation of
a diligent search has been made to establish the recipient.
ownership has failed,and it has been ascertained D. Limitation of powers. Nothing herein
by citizen complaint or investigation that the contained shall be construed to authorize
animal has aggressive tendencies and poses a or permit any person designated as an
threat of injury to persons or other animals, or animal control enforcement officer pursu-
has caused bodily injury to a person or has ant to this section, to perform any func-
physically injured or killed livestock. tion or duties of a law enforcement officer
'Ord. No. 2018-33, § 1) other than specified herein. No such
Supp. No. 77 CD14:8
ANIMALS § 14-32
officer shall make physical arrests or Sec. 14-32. Rabies control.
take any person into custody. All such
officers shall be exempt from the require 1. A rabies control program, including the
ments relating to the state high hazard investigation of all reported animal bites,may be
retirement program and police standards carried out through a mutual agreement with
and training commission as defined or the Florida Department of Health using the
referred to by F.S. § 122.34 and F.S. ch. requirements of Florida Department of Health
943. Rules and Regulation, Chapter 64 D-3, Florida
(Ord. No. 2013-33, § 5) Administrative Code, and/or this Ordinance as a
basis for enforcement and program implementa-
tion.
Sec. 14-31. Complaints.
2. Any person having knowledge of an animal
1. Complaints for alleged violation(s) of this biting,scratching or otherwise wounding a person
Ordinance shall be communicated to the Direc- by contact shall immediately report the facts to
tor or designee, sheriffs office or police depart- the County health department or to the Division,
ment. Upon receipt of a complaint, an if known, including:
investigation shall be conducted to determine if
there is any violation of this Ordinance. If it is A. The victim's name, approximate age, and
ascertained that any provision of this Ordinance address;
is being violated,proper and lawful action will be B. The animal owner's name and address;
taken to enforce this Ordinance.
C. The animal's description and location;
2. Upon receipt of more than one "affidavit" and
for any violation of this Ordinance,each prepared
t and signed independently by a resident/visitor D. Name(s) and descriptions) of other
�•/ (at least one affidavit must come from a resident persons and animals involved.
of the County) of a separate dwelling in the 3. An animal known to have bitten or a cat
vicinity of the violation,and acknowledged under that has scratched a human or an animal
oath before an individual authorized by law to suspected of having rabies shall, if possible, be
take acknowledgements, or one adult witness captured or taken into custody by the Director,
who is a resident of the County who submits an police, sheriffs office, or health officer.
"affidavit" with a recorded video or photograph
showing an alleged violation, setting forth the A. Any dog or cat without a current rabies
complained of acts, an enforcement officer shall vaccination that has bitten,is believed to
investigate the facts to determine if the acts have bitten or has otherwise exposed a
complained of are a violation. The video or person to rabies or is suspected of having
photograph shall be considered upon proof of rabies shall be quarantined for rabies
date and time or reliable indications of date and observation. The Owner of such dog or
time as determined by the Director or designee. cat shall relinquish control of the dog or
If upon the review of the above the Director or cat for the purpose of quarantine. The
designee determines that a violation has occurred, dog or cat shall be quarantined at the
a penalty may be issued for the violation,includ- owner's expense for a period of ten (10)
ing, subject to F.S. § 828.27, and conditions of days from the date of the bite at the
this Ordinance, a mandatory court appearance Division's headquarters or at an approved
or appearance before the special magistrate. holding facility of a local veterinarian. It
shall be unlawful for any person to fail to
3. Intentional falsification of information on surrender any such dog or cat for rabies
an"affidavit"shall be a violation of this Ordinance, quarantine. Additionally, it shall be
and punishable as provided in Section Fifteen unlawful for any person to fail to inform
(§ 14-40). the Division of any such dog or cats last
(Ord. No. 2018-33, § 1) known whereabouts if the owner has
Supp. No. 77 CD14:9
14-32 COLLIER COUNTY CODE
relinquished possession of said dog or cat having rabies, shall be impounded and
or caused said dog or cat to be taken from quarantined by the Director upon the recom-
the owner's premises. mendation of the health officer. The animal will
B. Any dog or cat with a current rabies be held in quarantine for a specified period of
vaccination that has bitten,is believed to time as directed by the health officer.
have bitten or has otherwise exposed a A. A wild animal may be euthanized at the
person to rabies may be quarantined at discretion of the health officer for the
home. The Director, or designee, and/or purpose of laboratory analysis to
the County Florida Health Department determine if the animal is rabid when
shall have the authority to grant or deny the health and/or welfare of the person
permission for home quarantine privilege. bitten by that animal is in jeopardy.
If at any time during the quarantine B. The decision whether to euthanize the
period the Director, or designee,
determines that the Owner of the dog or animal will be based upon history of
cat is not able to sufficiently confine the possible exposure of the animal to rabies
dog or cat, the Owner shall relinquish and is at the discretion of the health
control of the dog or cat to animal services. officer.
The dog or cat will be confined in the 5. Any animal possessed in a licensed attrac-
custody of animal services or at an tion, zoo, circus, or educational institution, and
approved holding facility of a local that is known to have bitten a human being,
veterinarian for the remainder of the shall be isolated and subjected to a quarantine
quarantine period at the Owner's expense. period at a location as directed by the health
C. Ear-notched or ear-tipped community cats officer or Director. In determining the quarantine
that have bitten, are believed to have and location, the decision will be made on the
bitten or have otherwise exposed a person history of the animal's possible exposure to
to rabies or are suspected of having rabies.
rabies shall be quarantined for rabies 6. No animal may be removed from the place
observation for a period of ten (10) days of quarantine without the prior written authoriza-
from the date of the bite at animal tion of the health officer or Director, or his or her
services or at an approved holding facil- designee. If any animal dies during quarantine,
ity of a local veterinarian, if possible. If the person holding the animal in quarantine
the cat cannot be trapped for impound- shall immediately notify the health officer or
ment, it will be observed daily by its Director, and shall immediately surrender the
Community cat caregiver. Community body of the animal without altering the body in
cats that are not ear-notched or ear- any manner.
tipped will be deemed to be unvacci-
nated. 7. Any unvaccinated dog, cat, or other animal
susceptible of carrying rabies that is bitten by a
4. Wild animals that are susceptible of carry- known rabid animal shall be immediately
ing rabies, that are being held in captivity, or destroyed. If it is an owned animal,however, the
possessed as pets by private persons who are
owner may elect to have the animal confined and
properly licensed, but which animals have not quarantined at the animal services center, or at
been vaccinated with a proven anti-rabies vac- another location approved by the health officer
cine that has been developed for that specified or Director, for a period of up to six months. All
species of animal and which vaccine is recognized costs of the detention of the animal will be at the
as an effective vaccine by the health officer,or for expense of the owner.
which no known rabies incubation period has
been established by research recognized by the 8. The Director, sheriff or municipal police
health officer, which animal has either bitten a officer shall have authority to kill an animal in
human being or which animal is suspected of order to procure an animal that is susceptible of
1/40.0
Supp. No. 77 CD14:10
ANIMALS fi 14-33
Lae
carrying rabies and that is known to have bitten lowing the expiration of the quarantine
a human being or is suspected of having rabies, period,requiring an animal control officer
provided that all other reasonable means and to observe the animal.
methods under the circumstances to capture the
animal have failed. The head of the animal, D. Quarantine at the Division fee. Owners
intact, shall then be submitted to a designated whose animals are quarantined at the
laboratory to be analyzed for rabies infection. Division for a rabies quarantine shall be
charged a quarantine fee, which shall be
9. Owners whose animals have been reported paid by the owner at the beginning of the
to have bitten any person, shall provide the quarantine period. The owner shall be
Director or designee all necessary information responsible to pay for any medical care
by telephone,correspondence or records at animal provided during the quarantine period at
services,to determine the vaccination status and the conclusion of the quarantine period.
quarantine requirements for the animal and to The Owner is also responsible to pay for,
place an animal on home quarantine. if applicable,mandatory sterilization,vac-
10. The following fees shall be imposed, in cination against the threat of rabies,
amounts set forth by resolution of the Board, for implantation of a RFID, and purchase of
carrying out the rabies control program: a County rabies/license tag if not cur-
rent.
A. Field officer fee. Owners whose animals E. Except as specifically provided by this
have been reported to have bitten any
person, shall be charged a fee when the Ordinance, an invoice reflecting fees
Director or designee is not able to obtain imposed pursuant to this section shall be
Pay-
all necessary information pursuant to sent to the Owner of the animal.Section Seven (§ 14-32), subsection 2 ment shall be made by the Owner within
herein and an animal control officer is thirty(30)days of receipt of said invoice.
dispatched to secure or obtain the required Failure to pay within such time will
bite information and place an animal on result in a late fee.
quarantine. (Ord. No. 2018-33, § 1)
B. Transportation fee. Owners whose animals Sec. 14-33. County Rabies/License
have been reported to have bitten any certificate; tags, vaccination
person and who are required to have required.
such animal quarantined at an approved
quarantine facility, shall be charged a 1. Any owner of a dog or cat shall obtain a
transportation fee when the Owner has County rabies/license tag for each such animal
failed to transport said animal to a when the animal is four months old or older.
quarantine facility within twenty-four A. In the case of a newly acquired dog or
(24) hours after notification, requiring cat, the Owner shall obtain a County
transportation by the Division. rabies/license tag within fifteen(15)days
C. Quarantine release fee. At the end of each of acquisition.
quarantine period for rabies observation, B. In the case of a new resident to the
owners whose animals have been reported County, the Owner shall obtain a County
to have bitten any person are required to rabies/license tag within fifteen(15)days
call the Division to verify that said animal of establishing residency.
is alive and healthy to assure that it is
free of rabies infection. A quarantine C. No County rabies/license tag for dogs or
release fee shall be charged when the cats shall be issued or renewed by a
owner fails to call or the Division is veterinarian or authorized agent until
unsuccessful at reaching the owner by evidence of vaccination for rabies by a
phone within forty-eight (48) hours fol- licensed veterinarian has been presented.
Supp. No. 77 CD14:11
1
14-33 COLLIER COUNTY CODE
Upon vaccinating a dog or cat against times. Cats, other than community cats,
rabies, authorized veterinarians/clinics may be exempt from wearing the required
may have available for purchase by the license tag while kept in a secure enclosure
dog or cat owner, a County rabies/license as long as the tag is securely attached to
tag. The County rabies/license tag will the enclosure or while within the owner's
be valid for a period of one(1)or three(3) residence as long as the tag is provided to
years from the date of vaccination,depend- an officer upon request.
ing on the expiration date of the rabies H. The County rabies/license tag issued
vaccination the animal receives, and is under this section shall not be transfer
required to be renewed annually or trien able from animal to animal or from owner
nially thereafter and must remain cur- to owner.
rent at all times.
No County rabies/license tag shall be valid I. Each County rabies/license tag must be
after the expiration of the rabies vaccination, obtained from persons designated by the
regardless of the date of issuance. Failure to Director. License forms provided by the
secure and purchase a new County rabies/ Director for the registration and licens-
secure tag within thirty (30) calendar days ing of dogs and cats shall be completed
after the previous tag expires will result in a and be submitted to the Director.
late penalty established and revised by resolu- J. A replacement tag must be purchased
tions adopted by the Board of County Commis- and in place within fifteen (15) calendar
sioners. days if the original tag is lost,misplaced,
D. The record corresponding to the County or stolen at a reduced amount as
rabies/license tag shall contain the name established by resolution of the Board of
of the owner, address, breed, sex and County Commissioners.
color of each animal, or other descriptive K. Veterinarians and authorized agents are
data. authorized to sell dog County rabies/
E. A tag designating the license number licenses and cat County rabies/licenses
shall be issued. and cannot charge more for the tag than
is established and revised by resolutions
F. All dogs shall be required to wear a valid adopted by the Board of County Commis-
County rabies/license tag. The tag shall sioners. The veterinarian and authorized
be affixed to the dog's neck by a collar, agents must submit payment to Animal
harness, or other substantial device at Services for each tag sold during the
all times, except when the animal is previous 30 days. Veterinarians and
confined in a secure enclosure, as long as authorized agents are authorized to charge
the tag is securely fastened to a collar/ a surcharge for this service. The amount
harness and that device is attached to of the authorized surcharge is established
the enclosure, except when a dog is and revised by resolutions adopted by
securely confined in the residence. Dogs the Board of County Commissioners.
participating in a registered match, County rabies/license tags will be
confirmation show, field trial, or obedi- furnished by the County to the veterinar-
ence trial are not required to wear such ian and authorized agents.
tags during the time of the event. L. Veterinarians and authorized agents must
G. All cats, other than community cats, keep complete and accurate records of
shall be required to wear a valid County tags sold and on hand as inventory. All
rabies/license tag. The tag shall be theft or loss must be reported immediately
securely fastened around the cat's neck to the proper authority and a copy of the
by a collar, harness or other substantial official law enforcement report must be
device so as to be clearly visible at all provided to Domestic Animal Services.
Supp. No. 77 CD14:12
ANIMALS § 14-34
Unexplained shortages/losses of tags, or settings as an alternative to humane euthanasia
sale(s) of tags at the incorrect price(s), may acquire a blanket license for all cats and
are the responsibility of the Veterinar- dogs housed.
ians and authorized agents.
5. License fees are established and revised by
M. License fees are not required for Police resolutions of the Board of County Commission-
Working Dogs;but such animals must be ers. A portion of each non-neutered/non-spayed
licensed and must have received their animal license fee will be deposited in the County
rabies vaccination. In order to receive Animal Care Sterilization trust fund for the
these license tags at no charge,the owner purpose of funding the County's neuter/spay
must have the animal licensed through program. The amount to be deposited is
animal services. Police working dogs vac- established and revised by resolutions adopted
cinated anywhere else will be liable to by the Board of County Commissioners.
pay the surcharge imposed by the
veterinarian only. 6. Owners of animals who visit Collier County
or reside in Collier County for less than thirty
2. Any owner of a dog,cat,or ferret shall have (30) days per year are exempt from the County
such animal vaccinated annually for rabies when rabies/license tag requirement provided that they
the animal is four months old or older. The have proof of a valid current rabies vaccination
owner of every dog,cat, and ferret shall have the from another jurisdiction.
animal revaccinated 12 months after the initial (Ord. No. 2018-33, § 1)
vaccination. Thereafter, the interval between
vaccinations shall conform to the vaccine Sec. 14-34. Keeping/adopting stray animals.
manufacturer's directions. Every owner shall 1. It shall be unlawful for any person in the
provide proof of vaccination upon demand of the Countyto harbor or keepanystrayor apparently
officer or his designee or any other person
authorized to enforce this Ordinance. Animal lost animal unless he/she has notified the Divi
services may deny issuance of a County rabies/ sion within twenty-four(24)hours from the time
license tag to any animal without a current such animal came into his/her possession. Upon
rabies vaccination. No vaccination is required if receiving such notice, the Division may require
a licensed veterinarian certifies in writing that the person to bring the animal to the Division for
the vaccination would endanger the animal's identification or sheltering, if necessary.
health. 2. Adopting stray found animals. A resident
who possesses a stray dog or cat and who wishes
3. Upon vaccination against rabies,the licensed to provide it a permanent home, shall apply to
veterinarian shall provide the animal's owner legally adopt such animal by adhering to the
and the animal control authority with a rabies following procedures:
vaccination certificate as defined in F.S. §828.30.
Veterinarians shall provide rabies vaccination A. Take the found stray animal to the Divi-
certificates to Domestic Animal Services within sion to be scanned for a RFID and checked
thirty (30) days of vaccination or immediately for a tattoo. An exception to this require-
upon request of Domestic Animal Services in ment is for the potential adopter to take
conjunction with an investigation or other enforce- the dog or cat to a local veterinarian or
ment purposes. another animal shelter to be scanned for
an RFID and checked for a tattoo. Proof
4. Animal-related organizations in good stand- must be presented to the Division that
ing with animal services and Pet Placement these requirements have been met. The
Partners, with a valid tax exemption under applicant will not be permitted to adopt a
Internal Revenue Code Section 501(c)(3),approved stray dog or cat where an owner is
to adopt animals from animal services that are discovered and has not formally forfeited
housing cats and dogs in foster or sanctuary type the animal to DAS.
Supp. No. 77 CD14:13
V 14-34 COLLIER COUNTY CODE
B. Provide the Division with clear identify- B. The animal has been given a rabies
ing color photographs showing the animal inoculation and County rabies/license tag;
from a side view and a front view. Each C. The animal has been sterilized; and
photograph must have a minimal dimen-
sion of three (3) inches by three (3) D. The animal has been implanted with an
inches. It is also recommended that the RFID and the RFID is registered to said
potential adopter place a "found" person. The requirements herein must
advertisement in at least one (1) local be secured within fifteen (15) calendar
newspaper of general circulation. days after animal services approves the
C. Complete an official "found" pet form adoption application. Extensions may be
which provides all appropriate identify- granted by animal services for reason-
ing information for the animal. able requests. Any deviation from these
D. Sign an adoption agreement and pay all adoption requirements by the potential
necessary fees and deposits. The prospec adopter will void the adoption.
tive owner,at his/her option and expense, 6. At its discretion, the Division may refuse
may make an appointment at the Divi- an adoption of an animal if it is determined that
sion to secure the required vaccinations, the adoption is not in the best interest of the
tests,RFID and sterilization or may secure animal or the health, safety and general welfare
these requirements through a private of the public. Factors to be considered may
veterinarian. All deposits will be refunded include those factors set forth in Section Sixteen
when proof is shown that the new owner (§ 14-41) of this Ordinance.
has complied with these requirements. (Ord. No. 2018-33, § 1)
No sooner than thirty (30) days after
completing the official "found" pet form Sec. 14-35. General violations.
and not to exceed forty-five (45) days.
3. If the animal becomes injured or sick while 1. It shall be unlawful for the owner of an
under the potential adopter's care, that person animal to allow or permit his or her animal:
shall be required to pay all necessary veterinary A. To be upon the beaches of the county,
expenses. If the adopter does not wish to pay for whether fettered or unfettered, unless
needed treatment, the animal must be the area has been designated by the
relinquished to the Division. The potential adopter board as suitable for use by such animals,
shall lose all rights and claims to the animal. except for service animals as defined in
4. All potential adopters must agree to F.S. § 413.08, or animals used by law
relinquish the found dog or cat to its rightful enforcement officers or county ordinance
owner after proof of ownership has been enforcement personnel.
demonstrated and/or until such time as the B. To run at large in or upon any public
Division approves and releases the animal to the street,road, sidewalk, other public place,
new adopter, no sooner than thirty (30) days or upon private property without the
after completing a"found"pet form. All potential
expressed or implied consent, subject to
adopters will relinquish the found dog or cat to zoning,of the owner or any lessee of such
the Division upon request if the potential adopter private property.
fails to return the animal to the rightful owner
for reunification. C. To be upon public school grounds or
5. Such animal(s)may become the property of public playground in the county,whether
a person only if the following requirements are fettered or unfettered, except for service
also met: animals as defined in F.S. § 413.08.
A. Photographs and identifying information D. To enter any building where food is
have been posted at the Division for stored, prepared, served or sold to the
fifteen (15) business days; public, or any other public building or
Supp. No. 77 CD14:14
ANIMALS § 14-36
hall; provided, however, that this provi- cited for a violation of this section when
sion shall not apply to service animals as either the investigating officer has
defined in F.S. § 413.08, to public build- received, from at least two unrelated
ings used for animal shows or exhibi- adult witnesses from different residences,
tions, or to dogs used for enforcement by a sworn affidavit of complaint attesting
any law enforcement officer or code to the committing of a nuisance pursuant
enforcement officer. to such section or subsection,upon receipt
E. To be upon private or public property so of one affidavit as described above
as to damage or destroy any property of accompanied with a photograph or video
another including, but not limited to,the recording with indicia of reliability as to
date and time of the recording, or the
unprovoked biting, attacking, or wound-
's of another person s animal(s)or thing
citing officer has witnessed the commis-
of value. sion of such a nuisance. Affidavits attest-
ing to the nuisance must come from
F. To defecate and create a sanitary nuisance residents within a three-block radius
thereon, including defecating upon (approximately 900-foot radius).
roadways, road rights-of-way, sidewalks, J. No owner or caretaker of an animal(s)
or other property. A sanitary nuisance shall permit the animal, either willfully
exists whenever the feces are not
immediately removed and properly or through failure to exercise due care or
disposed. control,to bite, attack or wound a human
without provocation while such person is
G. To chase,run after,or jump at vehicles or in or on a public place or lawfully in or on
bicycles using any road or road right-of- a private place including the property of
way the owner of such animal.
H. To snap, growl, snarl, jump upon, or K. Any cat that is outdoors while not under
otherwise threaten persons lawfully using direct control must be sterilized.
any road right-of-way, persons lawfully
on their own property, or persons law- 2. It shall be unlawful to keep any female dog
fully on property of another with permis- or cat in heat (estrus) which is not confined to a
sion of the owner or person in possession building or secure enclosure,veterinary hospital,
or control of the property. or boarding kennel and in such a manner that
the female dog or cat can come in contact with
I. It shall be unlawful for the owner, or any any male dog or cat except for intentional breed-
caretaker of an animal or animals to ing with a specific male dog or cat.
allow the animal(s),to bark,meow,whine, (Ord. No. 2018-33, § 1)
howl,or to make other sounds common to
the species, persistently or continuously Sec. 14-36. Animal care; manner of keep-
for a period of 30 minutes or longer when ing.
the animal is not contained within an
enclosure sufficient to baffle loud noises 1. No person who is the owner or possessor or
and render them reasonably unobjection- who has charge or custody of an animal shall fail
able. This subsection shall not apply to to provide:
animals maintained on land zoned for A. Shelter(as defined herein)for the animal;
agricultural purposes, nor shall it apply
to a properly permitted animal shelter B. Water(as defined herein)for the animal.
established for the care and/or placement An animal confined outdoors shall have a
of unwanted or stray animals, nor a continuous supply of clean, fresh, and
properly zoned commercial boarding potable water,unless the animal is under
kennel or other animal facility. An owner the direct supervision of a responsible
or custodian of the animal(s), may be person at events such as dog or cat shows
Supp. No. 77 CD14:15
ko0; 14-36 COLLIER COUNTY CODE
or field trials. In such cases, the 6. It shall be unlawful for the owner of an
responsible person shall ensure suf- animal to allow or permit his or her animal:
ficient water is provided to the animal in
order to maintain normal hydration for A. To be abandoned. Abandonment shall
the species of animal; constitute the relinquishment of all rights
and claims by the Owner to such animal
C. Clean, sanitary, safe and humane condi- in accordance with F.S. § 705.19. Com-
tions; munity Cats shall not be considered
D. Medical attention and/or necessary abandoned when returned to the original
veterinary care when an animal is sick, point of pick-up or other suitable location
diseased or injured;Upon request by the as part of a community cat management
Division,written proof of veterinary care program.
must be provided;
B. To be confined in an unattended motor
E. Adequate sustenance (as defined herein) vehicle without sufficient ventilation or
to any animal; under other conditions for such periods
F. Grooming (as defined herein) for the of time as may endanger the health
animal; and and/or physical well-being of the animal
due to heat,lack of potable water,or such
G. Humane care and treatment. other circumstances as may reasonably
2. No person shall engage in animal hoard- cause suffering,disability,or death to the
animal.
ing.
3. Shelter for equine,bovine,ovine and porcine 7. An Animal Control Officer shall free any
` formally maintained in outdoor areas must: animal left unattended in a motor vehicle if the
�Li/formally
/ animal appears to be in imminent danger or
A. Provide protection from the direct rays of distress or if the interior of the vehicle reaches a
the sun and the direct effect of wind and temperature of eighty(80)degrees Fahrenheit or
rain; higher for a period of five (5) minutes or longer.
B. Provide a wind break and rain break; The Animal Control Officer shall first attempt to
locate the owner. If unable to do so in a reason-
C. Provide a solid roof; able time,with due consideration given as to the
D. Provide protection from the elements at peril to the animal, the Animal Control Officer
all times; and shall free the animal in a manner which is
calculated to cause the least damage to the
E. Provide space for each animal to comfort- vehicle as necessary to safely remove the animal.
ably stand up, sit down, lie down and Once freed, the animal is to be brought to an
turn around in the shelter. If the shelter animal services center, or veterinarian, and the
is used for more than one (1) animal at Owner promptly notified.
the same time, it must provide enough
space for each animal to comfortably 8. No person shall transport or carry any dog
stand up, sit down, lie down and turn or other animal in a motor vehicle unless the
around simultaneously. animal is safely enclosed within the vehicle or
4. It shall be unlawful for any person maintain- trailer. If a person is transporting or carrying an
ing equine or ovine to fail to keep hooves trimmed animal in an unenclosed or partially enclosed
so as to prevent lameness and extreme overgrowth vehicle including,but not limited to,convertibles,
causing deformities. pick-up and flat-bed trucks, the person shall
confine the animal in a container, case, or other
5. To keep horses, cattle, or other livestock in device that is of proper and adequate size to
a manner inconsistent with recognized livestock prevent the animal from falling from or jumping
husbandry practices. from the motor vehicle.
Supp. No. 77 CD14:16
A § 14-37
ANIMALS
9. Nothing in this section shall be deemed to 11. Any enclosure used as the primary confine-
prohibit the transportation of horses, cattle, ment of cats shall provide the following condi-
sheep, poultry or other agricultural livestock in tions:
trailers or other vehicles designed and constructed A. Cats must be provided access to a
for such purposes. receptacle containing sufficient clean litter
10. Any enclosure used as a primary means of for excreta and body wastes.
confinement for a dog must meet the definition B. Cats must be provided solid resting
of proper enclosure as stated in this Ordinance. surface(s) that are large enough to hold
It shall be unlawful for a responsible party to all cats comfortably.
tether a dog while outdoors, except when all of
the following conditions are met. This section 12. The Director shall impound or make the
shall not apply to the transportation of dogs: subject of an order to provide care any animal
found to be cruelly treated as defined in this
A. The dog is in visual range of the
Ordinance or under Florida Law, as outlined in
responsible party, and the responsible
party is located outside with the dog. F.S. § 828.073, as may be amended.
B. The tether is connected to the dog by a 13. Whoever violates any provision of this
buckle-type collar or a body harness made section shall forfeit his right to license any
of nylon or leather,not less than one inch additional animals in the County for one year in
in width. addition to any other penalty provided by this
Ordinance or otherwise by law. Any ownership of
C. The tether has the following properties: such animals without benefit of a license shall be
It is at least five times the length of the deemed an additional violation of this Ordinance.
dog's body, as measured from the tip of (Ord. No. 2018-33, § 1)
the nose to the base of the tail; it
terminates at both ends with a swivel;it Sec. 14-37. Cruelty to animals.
does not weigh more than 1/8 of the dog's
weight; and it is free of tangles. 1. It shall be unlawful for any person to:
D. The dog is tethered in such a manner as A. Fight or bait animals as set forth in F.S.
to prevent injury, strangulation, or § 828.122, commonly known as "The
entanglement. Animal Fighting Act."
E. The dog is not outside during a period of B. Maim or disfigure any dog, cat, or other
extreme weather,including without limita- animal. A person shall not crop the ears
tion extreme heat or near-freezing or dock the tail of any dog, unless the
temperatures,thunderstorms,tornadoes, person employs a veterinarian to perform
tropical storms or hurricanes. the cropping and docking. If a person
F. The dog has access to water, shelter and possesses a dog with an ear or ears cut
dry ground. off or cropped, or tail docked, and with
the unhealed wound, then that posses-
G. The dog is at least six months of age. sion is prima facie evidence of a violation
Dogs under six (6) months of age shall of this section, unless the cropping or
not be tethered. docking was performed by a veterinarian
H. The dog is not sick or injured. and the documentation to prove this is
provided the Division upon demand.
I. Pulley, running line, or trolley systems C. It shall be unlawful for any person to
are at least 15 feet in length and are less
than 7 feet above the ground. leave or deposit any poison or any
substance containing poison in any
J. If there are multiple dogs, each dog is common street, road, alley, lane or
tethered separately. thoroughfare of any kind, or in any yard
Supp. No. 77 CD14:17
14-37 COLLIER COUNTY CODE
or enclosure other than that person's 5. To the extent permitted by law and not
own yard or enclosure, for the purpose of inconsistent with this Section the following por-
inflicting injury or killing any animal tions of the Florida Statutes, in their current
other than a common rat or mouse. form and as subsequently amended, are hereby
adopted and incorporated by reference except as
D. Confine animals without sufficient food,
water, or exercise, or abandon to die any to penalty, and shall be part of this Section as if
animal that is maimed, sick, infirm, or they were set out in full and punishable as civil
diseased, as prohibited in F.S. § 828.13. infractions:
E. Commit an act of animal cruelty in viola A. F.S. § 828.058;
tion of F.S. § 828.12. B. F.S. § 828.065;
F. Beat and cause unnecessary injury and C. F.S. § 828.08;
suffering to any animal. D. F.S. § 828.12;
G. Work an animal in a sick, diseased or E. F.S. § 828.121;
injured condition.
H. To keep horses, cattle, or other livestock F. F.S. § 828.122;
in a manner inconsistent with recognized G. F.S. § 828.123;
livestock husbandry practices. H. F.S. § 828.1231;
2. A person may not: I. F.S. § 828.125;
A. Knowingly engage in any sexual conduct J. F.S. § 828.13;
or sexual contact with an animal;
K. F.S. § 828.14;
B. Knowingly cause, aid, or abet another
person to engage in any sexual conduct L. F.S. § 828.16;
or sexual contact with an animal; M. F.S. § 828.161;
C. Knowingly permit any sexual conduct or N. F.S. § 828.22;
sexual contact with an animal to be
conducted on any premises under his or O. F.S. § 828.23;
her charge or control; or P. F.S. § 828.24; and
D. Knowingly organize, promote, conduct, Q. F.S. § 828.252.
advertise, aid, abet, participate in as an (Ord. No. 2018-33, § 1)
observer, or perform any service in the
furtherance of an act involving any sexual Sec. 14-38. Dangerous Dogs; Procedures.
conduct or sexual contact with an animal 1. Dangerous Dog Procedure.
for a commercial or recreational purpose.
3. The Director or designee shall impound or A. All definitions as set forth in F.S. ch. 767
make the subject of an order to provide care any shall be incorporated herein. The provi
animal found to be cruelly treated as defined in sions of F.S. ch. 767,as may be amended,
this Ordinance or under Florida Law, as outlined pertaining to dangerous dogs are adopted
in F.S. § 828.073, as may be amended. in their entirety as part of this Section.
All procedures, regulations, require-
4. Whoever violates any provision of this Sec- ments, and restrictions, pertaining to
tion shall forfeit his right to license any additional dangerous dogs are applicable under this
animals in the County for one year in addition to article, and a violation of state law shall
any other penalty provided by this Ordinance or constitute a violation of this Ordinance.
otherwise by law. Any ownership of such animal To the extent that any provision in this
without benefit of a license shall be deemed an Ordinance conflicts with F.S. ch. 767,the
'idditional violation of this Ordinance. statute shall control.
ll
Supp. No. 77 CD14:18
Lel ANIMALS § 14-38
B. The Director shall investigate reported E. If the Director, or his or her designee,
incidents involving any dog that may be makes an initial determination that a
dangerous and shall,if possible,interview dog is dangerous, based on the initial
the owner and require a sworn affidavit investigation, the County shall provide
from any person, including any animal written notification of that determina-
control officer or enforcement officer,desir- tion to the owner of the dog. Notice shall
ing to have a dog classified as dangerous. be by certified mail, by certified hand
Any animal that is the subject of a delivery, by service pursuant to F.S. ch.
dangerous dog investigation, and is not 48,or as otherwise authorized by Florida
impounded with animal services, shall Statute. The Director's initial determina-
be humanely and safely confined by the tion shall automatically become final
owner in a securely fenced or enclosed unless the dog's owner, within seven
area pending the outcome of the investiga- calendar days after receipt of the notice,
tion and resolution of any hearings related files a written request for a hearing to
to the dangerous dog classification. The challenge the Director's initial determina-
address of where the animal resides shall tion. The written request must be submit-
be provided to animal services. No dog ted to animal services. If the dog's owner
that is the subject of a dangerous dog files a timely written request for a chal
investigation may be relocated or owner- lenge hearing, the effective date of the
determination shall be the date of the
ship transferred pending the outcome of
an investigation or any hearings related final decision of the Special Magistrate.
to the determination of a dangerous dog F. Any owner of a dog that is initially
classification. In the event that a dog is declared dangerous by the Director may
to be destroyed, the dog shall not be appeal that decision to the Code Enforce-
1/46.1 relocated or ownership transferred. ment Special Magistrate. This hearing
shall be held as soon as possible, but not
C. Animal services may impound any dog more than 21 calendar days and no sooner
under investigation if the owner is unable than 5 days after receipt of request from
or unwilling to securely confine the dog the owner. The hearing may only be
during the investigation. Upon written continued by agreement of both parties.
notice from animal services, the owner
must allow access to the dog for the G. If the Special Magistrate's determination
purposes of impoundment. If the dog is is to uphold the dangerous dog classifica-
impounded during this time,the owner is tion, animal services shall provide writ
responsible for all costs related to ten notification to the owner as required
impoundment unless the owner ultimately above. The dog owner may file a written
prevails and the dog is not declared request for a hearing in circuit court to
dangerous. appeal the classification within ten (10)
business days after receiving notice. This
D. A dog shall not be declared dangerous if request for hearing must be filed with
the threat, injury, or damage was the circuit court, and a copy provided to
animal services within the time provided.sustained by a person who, at the time,
was unlawfully on the property or, while Any such appeal shall not be a hearing
lawfully on the property,was tormenting, de novo, but shall be limited to appellate
review of the record created before the
abusing, or assaulting the dog or its
owner or a family member. No dog may Special Magistrate.
be declared dangerous if the dog was 2. Registration of dangerous dog and fees.
protecting or defending a human being
within the immediate vicinity of the dog A. Registration of dangerous dog. Not later
from an unjustified attack or assault. than 14 calendar days after the final
Supp. No. 77 CD14:19
V 14-38 COLLIER COUNTY CODE
effective date, as specified above, that certificate is to expire. A complete applica-
the dog is determined to be a dangerous tion for a renewal certificate shall include
dog, the dog's owner must file a complete the renewal/administrative fee,a current
written standard form application with color photograph of each dangerous dog
animal services to be issued a certificate sign posted at the premises where the
of registration for the dangerous dog. dangerous dog resides, and a current
The application/administration fee for certificate of rabies vaccination.
each certificate shall be established by D. Failure to re-register. There shall be a
Resolution of the Board of Commission-
late fee for each day that a complete
ers. A complete application for the initial renewal application is not filed, and such
certificate of registration shall include: late fee shall be determined by Resolu-
(i)the filing fee and late fees, if any;(ii)a
color photograph of dog and a signed tion of the Board of County Commission
acknowledgement form that the dog will ers. Animal services may impound any
re-
be identified by name and address on the dog whose owner has: (i) failed to
Collier County Animal Services website; apply for registration 30 days past the
expiration of the certification;or(ii)failed
(iii) a receipt or other written proof that to successfully complete re-registration
the dog has been permanently identified
(via microchip); (iv) a current certificate 45 days past the expiration of the certifica-
of vaccination,against rabies for the dog; tion. Upon written notice from animal
and (v) a receipt or other written proof services, the owner must allow access to
that the dog has been spayed or neutered the dog for the purposes of impound
by a licensed veterinarian. If there is a ment. The owner is responsible for all
medical or other reason that the dog costs related to impoundment. Failure to
cannot be spayed or neutered, the owner successfully re-register the dog after 30
will provide the reason in writing signed days of impoundment will result in
by a Collier County licensed veterinar- forfeiture of ownership of the dog. Animal
services may dispose of such an
ian. impounded dog, in a humane manner, at
B. Within ten (10) days of receipt of a the expense of the owner.
complete application,animal services will 3. Subsequent handling of dangerous dogs.
make a site visit to ensure provision of a
proper enclosure, and posting of the A. The owner shall immediately notify
premises with a clearly visible warning animal services when a dog that has
sign at all entry points that informs both been classified as dangerous:
children and adults of the presence of a (1) Is loose or unconfined;
dangerous dog on the property. Animal
services will provide two(2)of the required (2) Has bitten a human being or
signs. Upon completion of a successful attacked another animal;
site visit, animal services will issue the (3) Is sold, given away, or dies; and/or
requested initial certificate. The dura- (4) Is moved to another address.
tion of each certificate is 365 days. There
shall be a late fee for each day that the Prior to a dangerous dog being sold or
certificate is not issued, and such late fee given away, the owner shall provide the
shall be determined by a Resolution of name, address, and telephone number of
the Board of County Commissioners. the new owner to animal services. The
new owner must comply with all the
C. Annual renewal of certificate of registra- requirements of this Ordinance. The
tion. A standard renewal application must owner is required to notify the appropri-
be filed annually at least ten(10)calendar ate animal services authority if the dog is
days prior to the date that the respective moved out of jurisdiction.
Supp. No. 77 CD14:20
l ANIMALS § 14-38
karl
B. It is unlawful for the owner of a danger- domestic animal without provocation,the
ous dog to permit the dog to be outside a owner is guilty of a misdemeanor of the
proper enclosure unless the dog is muzzled first degree, punishable as provided in
and restrained by a suitable leash of F.S. ch. 775. In addition, the dangerous
dependable strength and under the control dog shall be immediately confiscated by
of a competent person. Unless prohibited animal services, placed in quarantine, if
by the dog's physical make-up, as in necessary, for the proper length of time,
brachycephalic breeds, the muzzle must or impounded and held for ten (10) busi-
be of a cage-style that will not interfere ness days after the owner is given writ-
with the dog's vision, will allow the dog ten notice under F.S. ch. 767.12, and
to pant and drink, but will prevent it thereafter destroyed in an expeditious
from biting a person or animal. and humane manner. This ten-day time
Brachycephalic breeds of dogs must wear period shall allow the owner to request a
a suitable type of muzzle if a cage-style hearing as outlined above in this section.
cannot be worn. The owner may exercise The owner shall be responsible for pay-
the dog in a securely fenced or enclosed ment of all boarding costs and other fees
area that does not have a top, without a as may be required to humanely and
muzzle or a leash, if the dog remains safely keep the animal during any appeal
within his or her sight and only members procedure.
of the immediate household or person 18
years of age or older are allowed in the B. If a dog that has previously been declared
enclosure when the dog is present. When dangerous attacks and causes severe
being transported, such dogs must be injury to or death of any human, the
safely and securely restrained within a owner is guilty of a felony of the third
vehicle. degree, punishable as provided in F.S.
C. Hunting dogs are exempt from the provi ch. 775. In addition, the dog shall be
sions of this act when engaged in any immediately confiscated by animal
legal hunt or training procedure. Dogs services, placed in quarantine, if neces
engaged in training or exhibiting in legal sary,for the proper length of time or held
sports such as obedience trials,conforma-
tion shows, field trials, hunting/retriev given proper written notification under
ing trials, and herding trials are exempt F.S. ch. 767, and thereafter destroyed in
from the provisions of this section when an expeditious and humane manner. This
engaged in any legal procedures. However, ten-day time period shall allow the owner
such dogs at all other times in all other to request a hearing under this section.
respects shall be subject to this and local The owner shall be responsible for pay
laws. Dogs that have been classified as ment of all boarding costs and other fees
dangerous shall not be used for hunting as may be required to humanely and
purposes. safely keep the animal during any appeal
procedure.
D. This section does not apply to dogs used
by law enforcement officials for law C. If the owner files a written appeal under
enforcement work. this section, the dog must be held and
E. A person who violates any provision of may not be destroyed while the appeal is
this section commits a noncriminal infrac- pending.
tion, punishable by a fine not to exceed
$500. D. If a dog attacks or bites a person who is
engaged in or attempting to engage in a
4. Attack or bite by dangerous dog. criminal activity at the time of the attack,
A. If a dog that has previously been declared the owner is not guilty of any crime
dangerous attacks or bites a person or a specified under this section.
Supp. No. 77 CD14:21
14-38 COLLIER COUNTY CODE
5. Attack or bite by unclassified dog that ownership of the dog. Animal services
causes severe injury or death. may dispose of such an impounded dog,
A. If a dog that has not been declared in a humane manner at the expense of
dangerous attacks and causes the death the owner.
of a human,the dog shall be immediately C. Upon second occurrence of a violation of
confiscated by animal services, placed in this Section, failure to cure within ten
quarantine, if necessary, for the proper (10) days of impoundment of the subject
length of time or held for 10 business dog will result in forfeiture of ownership
days after the owner is given written of the dog. Animal services may dispose
notification under F.S. ch. 767, and of such an impounded dog, in a humane
thereafter destroyed in an expeditious manner at the expense of the owner.
and humane manner. This 10 day period D. Each day the owner of a dangerous dog
shall allow the owner to request a hear fails to comply with the requirements of
ing under this section, the dog must be this Section or the requirements of F.S.
held and may not be destroyed while the § 767.12, as may be amended, shall
appeal is pending. The owner is constitute a separate and distinct offense.
responsible for payment of all boarding (Ord. No. 2018-33, § 1)
costs and other fees as may be required
to humanely and safely keep the animal Sec. 14-39. Standards of care.
during any appeal procedure.
B. If a dog that has not been declared 1. The following provisions are limited to
dangerous attacks and causes severe animal-related businesses, animal-related
injury to, or the death of, a human, and organizations,commercial breeders,hobby breed-
the owner of the dog had knowledge of ers, and rodeos.
the dog's dangerous propensities,
p yet 2. The Director is hereby granted authority to
demonstrated a reckless disregard for recommend Standards of Care for animal-
such propensities under the circumstances related businesses, animal-related organiza-
the owner of the dog commits a tions, commercial breeders, hobby breeders, and
misdemeanor of the second degree,punish- rodeos for approval by the Board of County
able as provided in F.S. ch. 767. Commissioners. Standards of Care shall be
C. If the dog attacks or bites a person who is approved by ordinance of the Board and then
engaged in or attempting to engage in a codified in the Collier County Administrative
criminal activity at the time of the attack, Code. As set forth below, a violation of an
the owner of the dog is not guilty of any approved Standards of Care shall be deemed to
crime under this section. be a violation of this Ordinance.
6. Violations. 3. The owner or operator of any animal-
related business, animal-related organization,
A. Failure to comply with any provision of commercial breeders, hobby breeders, or rodeo
this Section may result in a fine not to shall properly feed and care for each animal in
exceed $500.00 and impoundment of the their custody or control and otherwise meet all
subject dog. Upon written notice from relevant Standards of Care.
animal services, the owner must allow
access to the dog for the purposes of 4. The Director shall inspect the premises of
any animal related business and any animal
impoundment. The owner is responsible
related organization on an annual basis. The
for all costs related to impoundment.
Director shall inspect the premises of any rodeo
B. Failure to cure any violation of this Sec- prior to or within twenty-four (24) hours of the
tion within 30 days of impoundment of commencement of that event. The Director will
the subject dog will result in forfeiture of inspect the premises of any breeder on a quarterly
Supp. No. 77 CD14:22
ANIMALS § 14-39
basis. Routine inspections of businesses, or shall issue a rodeo permit after receipt of this fee
organizations, or breeders located in a premise and inspection of the event premises if he
used primarily as a residence will be noticed a determines that the event will meet the
minimum of twenty-four (24) hours in advance. established Standards of Care. That permit shall
No duty to notify exists should animal services be displayed at the event at a place where it is
receive a complaint alleging a violation of this clearly visible to the public.
Ordinance.
9. Commercial and hobby breeders must obtain
5. Refusal to allow the Director to inspect any the applicable breeder permit from the Director.
premises, animal, or records associated with any A fee will be charged for the permit. Permit fees
animal-related business, organization or rodeo, shall be established and revised by resolutions of
or any breeding operation, shall constitute a the Board of County Commissioners. The Direc-
violation of this Ordinance. tor shall issue the applicable breeder permit
6. Should the inspection reveal a violation of after receipt of this fee and inspection of the
this Ordinance or the relevant Standards of breeder's premises if he determines that the
breeder meets the established Standards of Care.Care, a Notice to Comply will be issued. The
Notice to Comply shall specify the violation and A breeder permit is valid for one (1) calendar
shall contain a time period not to exceed 15 days year and must be renewed annually. Renewal
to enable the violator to come into compliance. applications must be made thirty(30) days prior
to expiration of the permit. Permits are not The premises shall be re-inspected promptly
by the Notice transferable or refundable. Failure to obtain a following the time period specified
to Comply. Failure to correct the violation shall permit prior to operating as a breeder shall
result in the issuance of a citation. constitute a violation of this Ordinance.
7. Every person who owns or operates an 10. The Director shall have the authority to
`✓ animal related business or animal related deny, suspend or revoke a permit, as issued
organization shall obtain a permit from the under this Section. The Director shall notify the
Director. A fee will be charged for the permit. permit holder of the denial,suspension,or revoca-
Permit fees shall be established and revised by tion of the permit in writing. Any person who
resolutions of the Board of County Commission- has been denied a permit or whose permit has
ers. The Director shall issue an animal-related been revoked or suspended may appeal this
business or organization permit after receipt of action in a court of competent jurisdiction within
this fee and inspection of the business or organiza- thirty calendar days from the date of notice.
tion premises if he determines that the premises
meet all established standards and regulations. 11. No animal-related businesses, animal-
The permit shall be displayed within the licensed related organizations,commercial breeders,hobby
premises at a place where it is clearly visible to breeders, pet dealers, and rodeos permits shall
the public. An animal-related business or be granted or issued to a person who has been
organization permit is valid for one (1) calendar charged with and convicted of charges of animal
year and must be renewed annually. Renewal cruelty under any jurisdiction. Such automatic
applications must be made thirty(30) days prior denial shall extend to corporations, companies,
to expiration of the permit. Permits are not partnerships,joint ventures,professional groups
transferable or refundable. or associations which include a person so
described.
8. Every person or organization who sponsors
or operates a rodeo shall,at least thirty(30)days 12. Animal-related organizations in good stand-
prior to the date of the event, make application ing with animal services as contemplated herein
to the Director for a permit to operate. The fee and rescue organizations qualified to adopt
for such application and permit shall be animals from animal services that are housing
established and revised by resolutions of the cats and dogs in foster or sanctuary settings as
Board of County Commissioners. The Director an alternative to humane euthanasia may acquire
Supp. No. 77 CD14:23
kino 14-39 COLLIER COUNTY CODE
a blanket license for all cats and dogs housed involved; the section or sections of this
when registering the animals housed on the Ordinance, or subsequent amendments,
premises. violated; the facts constituting probable
(Ord. No. 2018-33, § 1) cause; name and authority of the citing
enforcement officer; also the procedure
Sec. 14-40. Penalties. for the person to follow in order to pay
1. For any violation or alleged violation of this the civil penalty, to contest the citation,
Ordinance,the Director,deputy sheriff,municipal or to appear before the special magistrate
police officer, or other enforcement officer when a mandatory appearance is required
empowered to enforce this Ordinance, may issue as specified in the citation or when
to the owner of(or to the person in custody of) scheduled by the code enforcement depart
the animal a written warning statement. ment, in which case there is no option
but to appear before the special
2. Whenever possible,a violation issued by an magistrate;the applicable civil penalty if
animal control officer shall be hand delivered to the person elects not to contest the cita-
the violator(or the violator's representative having tion and the applicable civil penalty if
custodial responsibilities at the location of the the person elects to contest the citation;
violation). If the animal control officer is unable also a conspicuous statement of the effect
to hand deliver the citation, the animal control of failure to promptly pay the fine or
division may send a letter by certified mail to the appear before the special magistrate or
violator. in court. Subject to the limitations now
3. For an initial violation of Section Eight or hereafter specified in F.S. § 828.27, a
(§ 14-33), Section Nine (§ 14-34), Section Eleven mandatory special magistrate or court
§ 14-36), Section Thirteen (§ 14-38), Section appearance may be required by the issu
Lfourteen (§ 14-39), and Section Sixteen (§ 14 ing officer. Mandatory appearances before
41), excluding Subsection 9, of this Ordinance, a special magistrate may also be ordered
the Director, deputy sheriff, municipal police by the special magistrate as specified in
officer, or other enforcement officer empowered this section, or as otherwise within the
to enforce this Ordinance, may issue to the special magistrate's authority.
owner of (or to the person in custody of) the B. Upon conviction of any civil infraction,
animal a Notice to Comply under which the the violator shall be punished by a fine
recipient must come into compliance within fifteen not to exceed$500.00 in the discretion of
days of receipt. Failure to comply shall result in the court or special magistrate, as
a citation. applicable. Each day of the violation or
4. A violation of this Ordinance is a civil noncompliance as to each animal shall be
infraction as provided in F.S. § 828.27. For any considered as a separate and distinct
violation of this Ordinance, the Director, deputy offense. In addition,any person convicted
sheriff, municipal police officer, or other enforce- under any provisions of this Ordinance
ment officer empowered to enforce this Ordinance, shall pay all costs and expenses involved
may issue a citation to the violator. in the case.
A. A citation issued by an animal control C. Each violator shall be required to pay an
enforcement officer under the provisions administrative surcharge of$5.00,plus a
of this section shall be in a form prescribed $2.00 surcharge to pay the costs of the
by the board. Such citation shall contain 40-hour minimum standards training
all known information required by F.S. course for animal control enforcement
§ 828.27, including the date and time of officers for each cited violation.
issuance of the citation;name and address
of the person in violation;the date of the D. Each person or entity that commits one
violation; description of the animal or more civil infraction(s) under this
1/41.1
Supp. No. 77 CD14:24
( ANIMALS § 14-40
Ordinance, but does not contest the cita- (b) Second citation: $350.00 for
tion,shall pay a fine for each such separate each second aggravated viola-
offense as follows: tion.
(1) Nonaggravated violations. Fines for (c) Third (or more) citation(s): A
an uncontested citation for viola- mandatory appearance and a
tion of any provision of this recommended fine of more than
Ordinance, except any aggravated $400.00 but not more than
violation described in Subsection(2), $500.00 for each such
below and as defined above, are as aggravated violation. The
follows: amount of such fines shall be
(a) First citation: $100.00 for each determined by the Special
first offense. Magistrate or other trier of
fact.
(b) Second citation: $200.00 for E. Animal services may authorize and
each second offense.
establish an educational program aimed
(c) Third (or more) citation: at teaching responsible pet ownership.
$300.00 for each such offense When such a program becomes available
if a mandatory appearance is any person who receives a citation may
not required by the animal elect to attend in lieu of payment. The
control enforcement officer person cited shall be responsible for any
named on the citation. If a cost associated with attending the course.
mandatory appearance is The person cited must register and pay
required by the animal control for the course within twenty (20) days of
enforcement officer named on receipt of the citation. Registration and
the citation, the recommended payment for the course constitutes admis-
fine should be more than sion of the violation and in so doing the
$350.00, but not more than person waives his or her right to contest
$500.00. The amount of the the violation to the Special Magistrate.
fine(s) shall be as determined The course must be successfully completed
by the special magistrate or within ninety (90) days of receipt of the
other trier of fact. A manda- citation. Upon completion of the course,
tory appearance shall be the civil penalty will be waived;however,
required for each third and a person may not make an election under
each subsequent citation if the this subsection if the person has success-
violator has not at the time of fully completed this course within the
issuance of the citation paid preceding twelve (12) months or if the
all fines and all surcharges for citation requires a mandatory appear-
all prior citations. ance before the special magistrate. A
(2) Aggravated violations. A violation person may make no more than two (2)
of Section Sixteen(§ 14-41),Subsec- elections under this subsection,however,
tion 9; Section Eleven (§ 14-36), if a person cited for a violation Section
failure to comply with Notice to Twelve (§ 14-37) may only make one
Comply;or Section Twelve(§ 14-37) election under this subsection. Success-
shall be considered an aggravated ful completion of the course does not
violation. For each uncontested constitute dismissal of the violation as a
aggravated violation, the fines and first (or subsequent) offense.
appearance obligations are as fol- F. A person who is required to appear does
lows: not have the option of paying the fine
(a) First citation: $250.00 for each instead of appearing before the Special
first aggravated violation. Magistrate.
Supp. No. 77 CD14:25
l 14-40 COLLIER COUNTY CODE
G. A citation that is dismissed by the county, and final. All findings of the Special
or by the Special Magistrate or by other Magistrate will be evidence at any de
trier of fact, shall not count as a prior novo proceeding held pursuant to this
citation for the purpose of determining subsection.
the number of prior citations issued to
that violator. L. If the named violator or the animal control
enforcement officer fails to appear in
H. The violator's failure to pay the fine, court the court may issue an order to
and/or to timely request a hearing before show cause. Such order shall require
the Special Magistrate may result in an such persons to appear before the court
admission of guilt. The code enforcement to explain why action on the citation has
department shall give notice to the viola- not been taken or the court may render a
tor that a hearing will be conducted civil judgment up to $500.00. If any
concerning the alleged violation(s)and/or person who is issued an order to show
unpaid fines. The notice shall be in similar cause fails to appear in response to the
form to that described in the Collier court's directive,that person may be held
County Code Enforcement Special in contempt of court.
Magistrate Ordinance and state the time
and place of the hearing, as well as the M. If any penalty provision specified by F.S.
violation(s) which are alleged to exist § 828.86 is amended, such amended
and/or the accruing fine amount, if penalty provisions shall apply to this
applicable. The Special Magistrate's find- Ordinance without further action by the
ings shall be reduced to writing and board of county commissioners.
recorded in the official records. N. The County may institute proceedings in
`„/ 1. Notwithstanding anything in this a court of competent jurisdiction to compel
Ordinance, the individual who issues the payment of any civil penalty. If a person
citation or other pleading may require a fails to pay the civil penalty, or fails to
mandatory appearance if a mandatory appear in court as may be required, then
appearance is in that instance authorized the court may issue an order to show
by law. cause upon the request of animal services.
The person shall be required by the court
J. If the named violator is properly noticed to appear before the court to explain why
of the hearing and fails to appear, the action on the citation has not been taken.
Special Magistrate may hear the citation If any person who is issued such order
and impose any penalties allowed by this fails to appear in response to the court's
Ordinance. directive, the person may be held in
K. The named violator or the county may contempt of court.
seek to overturn a final order of the O. Nothing herein contained shall prevent
Special Magistrate by making applica- or restrict the county from taking such
tion to the county court for a trial de novo other lawful action in any court of
on the merits. Such application must be competent jurisdiction as is necessary to
filed within 30 calendar days from the prevent or remedy any violation or
rendition of the order sought to be noncompliance. Such other lawful actions
overturned. A violator will have the right shall include, but shall not be limited to,
to a de novo proceeding provided that all an equitable action for injunctive relief
administrative remedies have been and an action at law for damages.
exhausted. Failure to make such applica-
tion within the required time period will P. Violations of Section Eight (§ 14-33),
render the findings and order of the subsections 1(K)and 1(L)and subsection
Special Magistrate conclusive, binding, 3, shall not result in a citation and/or
kaol
Supp. No. 77 CD14:26
Lori ANIMALS § 14-40
monetary penalty, but may result in the
Division revoking the veterinarian's
authorization to issue County licenses.
5. Penalty Schedule. The following Penalty Schedule is meant as a summary of the penalties set
forth above. Should this chart conflict with the penalty provisions set forth above, the penalty
provisions shall control:
Violation of First Offense Second Offense Subsequent Officer Permitted?
Offense Permitted.
Section Eight(§ 14-
33) Requirement to Notice to Comply, Notice to Comply,
license and vac- with a$100.00 cita- with a $200.00 cita-
cinate except for tion issued if not in tion issued if not in Citation: $300.00 No
Section Eight(§ 14 compliance in 15 compliance in 15
33), subsection 1(K) days days
and(L)and subsec-
tion 3.
Section Ten(§ 14- Formal Written
35) General Viola- Warning Citation $200.00 Citation: $300.00 Yes
tions
Notice to Comply, Aggravated Cita-
Section Eleven with a$250.00 cita- tion, with manda-
tion(§ 14 36)Manner of issued if not in Aggravated Cita- tory appearance: No
Keeping compliance in speci- tion: $350.00 $400.00—$500.00,
fled time up to 15 as set by the special
days magistrate
Aggravated Cita-
tion, with manda-
Aggravated(§ 14-37) Cruelty to Cita- Aggravated Cita- tory appearance: No
Animal(s) tion: $250.00 tion: $350.00 $400.00—$500.00,
as set by the special
magistrate
Notice to Comply
Section Thirteen with a$100.00 cita-
(§ 14-38)Dangerous tion issued if not in Citation: $200.00 Citation: $300.00 Yes
Dog compliance in 15
days
Notice to Comply
Section Fourteen with a $100.00 cita- No if violation
(§ 14-39) Standards tion issued if not in Citation: $200.00 Citation: $300.00 constitutes cruelt
of Care compliance upon Y
re-inspection
Se Stray
Nine (§ 14 Notice to Comply
S
Se Stray Animals with a $100:00 cita-
and Section Sixteen tion issued if not in Citation: $200.00 Citation: $300.00 No
Impounded Animals compliance in 15
days
Any item not speci- Citation: $100.00 Citation: $200.00 Citation: $300.00 Yes
fled above
(Ord. No. 2018-33, § 1)
Supp. No. 77 CD14:27
Li 14-41 COLLIER COUNTY CODE
Sec. 14-41. Disposition of impounded or designee shall make at least three attempts to
animals. contact the owner during this time. Animals not
claimed after this ten-day (240-hour) period,
1. Impounded animals with identification not may be adopted, transferred, or may be euthan-
suspected of having an infectious or contagious ized,at the discretion of the Director or designee.
disease shall be held for a minimum of five full
days(120 hours)to provide time for the animal's 6. Animals shall be released to owners on
owner to notify staff of intent to recover the presentation of proof of ownership and payment
animal. Cat(s), kitten(s), puppy(ies), and all of costs and fees. Proof of ownership may include
animal(s) other than dog(s) or livestock, for a County rabies/license tag, veterinary records,
which an owner has not been identified or deemed tattoo, bill of sale, adoption contract, registered
to have an owner by an identification tag or (RFID) microchip, affidavits from two separate
other identification, shall immediately be neighbors,other reliable documentary or anecdotal
considered abandoned and shall become the evidence deemed reliable by the Director or
property of the Division. The Division may, at its designee; along with a signed affidavit affirming
discretion, place such animal(s) for adoption, ownership. If ownership cannot be proven, the
place in foster care, transfer the animal(s) to animal must remain at Domestic Animal Services
another shelter, transfer the animal(s) to rescue for the established hold period prior to reclaim-
or make disposition pursuant to law at the time, ing.
but shall not euthanize these animals for a A. Fees.
minimum of five full days (120 hours).
(1) Fees related to impoundments may
2. If an impounded animal is suffering from include, but are not limited to,
or suspected to have an infectious or contagious impoundment fees, advertising fees
L'isease, or is injured or debilitated to such an for impounded livestock, laboratory
xtent that it is experiencing pain or suffering as and veterinarian fees, transporta-
determined by a veterinarian or competent tion fees, and daily board.
designee(s), or the animal poses an immediate (2) Fees are established and revised by
substantial risk to staff or visitors to the shelter, resolutions adopted by the board of
the animal may be euthanized prior to the county commissioners.
expiration of the five-day (120-hour) hold.
B. Microchipping.
3. Impoundment of cattle require legal notifica-
(1) Dogs and cats that have been
tions as specified in F.S. § 588.17. impounded shall be implanted with
4. The Director or designee shall make at a radio frequency identification
least three attempts to contact the owner of an devise(RFID)(microchip)by animal
impounded animal, if the owner's identity is services'staff at the owner's expense
known or easily ascertained, before the animal's prior to being released to the owner.
humane disposition. Dogs, identified cats, and (2) Animals that are already micro-
other animals not claimed within the specified chipped when impounded,must have
hold period,may be adopted,transferred,or may the information on the microchip
be euthanized by any method specified in F.S. recorded by animal services. The
§ 828.058. information must be accurate and
5. Animals that are impounded for safe keep- current. If the information is not
ing at the request of a first-responding agency current, the owner must come into
due to the death or medical emergency of its compliance with this section prior
owner or caretaker, shall be held for a minimum to having the animal released.
of five days (120 hours). After five days (120 (3) At the discretion of the Director or
hours) the Division will hold the animals for an designee,the animal may be released
additional five days(120 hours)and the Director to the owner with a Notice to Comply
L./
Supp. No. 77 CD14:28
Lei ANIMALS § 14-41
to have the animal microchipped Comply allowing the owner fifteen
and applicable payment specified (15) days to comply with and/or
by resolution. The fee will be refund- register as a Hobby Breeder or Corn-
able within thirty(30)days if services mercial-Breeder. Failure to register
are provided by a non-animal as a Hobby Breeder or Commercial-
services licensed veterinarian. The Breeder will result in a penalty as
owner will be required to submit a specified in the penalty schedule.
statement within fifteen (15) days,
signed by a licensed veterinarian, 7. Voluntary surrender.
confirming that the animal has been A. Person(s)wishing to surrender an animal
so implanted and provide the shall be allowed to do so at the discretion
microchip number to animal services. of the Director or designee. Every person
Failure to provide proof of microchip- who voluntarily surrenders an animal
ping shall result in a penalty as must provide a valid photo identification
specified in the penalty schedule. that shows proof of residence and sign a
No microchipping is required if a form acknowledging that the surrender
licensed veterinarian certifies in is voluntary and acknowledging the discre-
writing that microchipping would tion of the animal control division to
endanger the animal's health. dispose of the animal. Animal services
C. Mandatory spay/neuter. shall not be liable for the disposition of
any voluntarily surrendered animal after
(1) Dogs and cats that have been receipt of the animal from its owner. The
impounded shall be spayed/neutered animal shall be immediately available
at the owner's expense prior to being for adoption,placement or other appropri-
Lreleased to the owner. ate disposition once surrendered.
(2) No spay/neuter is required if a B. Person(s) surrendering animals shall be
licensed veterinarian certifies in responsible for paying an surrender fee.
writing that the surgery would C. Person(s)wishing to surrender an animal
endanger the animal's health or if a with the request for euthanasia shall be
licensed veterinarian with whom the allowed to do so at the discretion of
pet owner has a previously
established doctor-patient-client animal services. It is not the policy or
relationship certifies in writing that practice of animal services to supply
"on-demand" euthanasia procedures, but
the animal is of appropriate health,
conformation, and temperament to in the interest of relieving a suffering
be bred. Such certification is to be animal, or for aggressive animals that
made on a sworn statement provided pose a safety risk, animal services may
by the County. The owner of the provide the service for a fee, at the
Director's or designee's sole discretion.
animal will also certify on an
affidavit to be provided by the County D. No surrendered or stray animals from
that he or she will comply with the outside the Divisions jurisdiction shall
provisions of this Ordinance or all be accepted except for humane reasons
laws and ordinances governing the or if the animal was previously adopted
regulation of breeders. An owner from the Division; such animals shall be
shall not use this exemption more referred to another agency. The photo
than one(1)time per animal;manda- identification of the owner/person wish-
tory sterilization is required based ing to surrender an animal that shows
on a second impoundment. The an address outside of the Divisions
animal shall only be released to the jurisdiction shall be used as the current
owner with a signed Notice to address of the animal.
Supp. No. 77 CD14:29
14-41 COLLIER COUNTY CODE
E. An animal that has bitten a human may refundable upon presentation to the Divi-
be surrendered to the Division for sion or upon written evidence by the
quarantine pursuant to the applicable veterinarian performing the sterilization
provisions of the Florida Administrative surgery that the animal has been steril-
Code 64D-3, as may be amended. An ized as specified in F.S. § 823.15. If the
animal surrendered for quarantine to subsequent sterilization is not performed
the Division is subject to all require- by animal services' veterinarian or a
ments of Section Sixteen (§ 14-41) prior licensed veterinarian contracted by animal
to reclaim. services,the adopter shall be responsible
F. It is a violation of this section for any for the expense and shall forfeit the
person to falsely identify himself or herself deposit. Assumption of financial
as an owner or owner's agent. responsibility does not relieve the adopter
8. Animals not claimed within the appropri of the requirement to provide written
ate holding period may be adopted,subject to the proof of sterilization within the specified
provisions below: time limit. Animal Control Officers are
authorized to impound or to issue a
A. Adoption fees are established and revised Notice to Comply and/or citations for
by resolutions adopted by the board of failure to sterilize any dog or cat adopted
county commissioners. from the animal shelter.
B. In order to adopt an animal, a person
must be at least 18 years of age and G. The Director or designee has the final
provide photo identification and/or other authority to approve the adoption of any
proof of residency. animal. The Director or designee may
C. Administration of the neuter/spay refuse an adoption if it determines that
program shall remain under the control the adoption is not in the best interest of
the animal, or detrimental to the health,
of the Director. Accounting for the
disbursement of the neuter/spay fees shall safety or welfare of the general public.
be in accordance with procedures of the
county's finance department. 9. No person, or on behalf of any other person
or entity whatsoever, shall acquire or attempt to
D. Dogs and cats that are adopted shall be acquire actual or constructive possession of any
microchipped by animal services' staff. animal for any use in research, testing, animal
E. Dogs and cats that are adopted shall be fighting, or animal sacrifice, from the actual or
spayed/neutered by animal services' constructive possession of any county animal
veterinarian or a licensed veterinarian services center, or from any person or entity
contracted by animal services prior to operating or controlling any animal custody facil-
being released to the adopter. ity, pound, or animal shelter that is then leased
F. If a dog or cat adopted from animal from the county by a lease that prohibits such
services is not sterilized prior to place- use, or is then under a contract with the county
ment in the adopter's home, the adopter which contract prohibits such use. Such use
shall have the animal sterilized by a includes the immediate or eventual sale,transfer,
licensed veterinarian within 30 days of gift,trade,donation,delivery,or any other provi-
the adoption or prior to the animal's sion of any animal for use in research, testing,
sexual maturity. The adopter shall enter and/or animal sacrifice. No employee,volunteer,
into a written agreement with the county worker, agent or other representative of any
guaranteeing such sterilization and pay such entity shall knowingly release from the
a deposit from the adopter as established actual or constructive possession of any such
by Resolution of the Board of County entity,any animal for any such known or suspected
Commissioners, which deposit shall be use.
Supp. No. 77 CD14:30
ANIMALS § 14-44
10. Failure to comply with the requirements of the community cat caregiver or with
of this section shall be a violation of this Ordinance the permission of the property owner or
and punishable as provided in Section Fifteen property manager.
(§ 14-40).
(Ord. No. 2018-33, § 1) B. Community cat caregivers shall provide
certain necessities on a regular and ongo-
Sec. 14-42. Wild Animals. ing basis, including, but not limited to,
proper nutrition and medical care, as
It shall be unlawful for any person to maintain needed.
or keep a wild animal except: C. Free-roaming cats living in colonies shall
1. Owners licensed by the State Fish and be sterilized, ear-tipped, and vaccinated
Wildlife Conservation Commission and for rabies. Community cats living in
confined to the owner's premises in a colonies shall be exempt from rabies
cage or enclosure. registration license requirements of Sec-
2. A wild animal for exhibition purposes tion Eight(§ 14-33)and the stray animal
maintained by a licensed circus, zoo, provisions of Section Sixteen (§ 14-41).
attraction or educational institution. D. Food shall be provided in the proper
(Ord. No. 2018-33, § 1) quantity for the number of cats being
managed and is to be supplied no less
Sec. 14-43. Psittacine birds. than once per day. Food must be placed
1. A Psittacine bird known to be infected with in feeding containers that are maintained
, the Psittacosis virus, or to have been associated and secure.
with a bird known to be infected, shall be E. Water must be clean, potable, and free
quarantined until released by the health officer. from debris and algae.
No bird shall be removed from where an infected
bird is found until the quarantine is lifted. F. Shelter,if provided,shall be unobtrusive,
safe, and of the proper size for the corn-
2. When human contamination is traced to an munity cat(s).
aviary a reasonable number of birds will be
confiscated for virus examination. G. Healthy community cats that have been
impounded by the Division may be
3. Infected birds shall be killed and their immediately returned-to-field, released
bodies immersed in two percent Creosol and to a community cat caregiver, or, if
burned before the feathers are dry if the bodies considered sufficiently socialized,adopted.
are not shipped for laboratory examination. Ship- Community cats who have been
ment for laboratory examination shall be made impounded more than once may be
in accordance with instructions by the health considered a community nuisance and
officer. may be euthanized at the discretion of
(Ord. No. 2018-33, § 1) the Division. Notwithstanding the forego-
ing,Sec. 14-44. Community whenever an impounded community
cats. cat is visibly injured or diseased, is
1. Collier County recognizes that there are determined to be a nuisance, appears to
community cat caregivers and acknowledges that be suffering, or upon the advice of a
community cats living in colonies may be toler veterinarian, then the Division may
ated living outdoors, provided such cats are euthanize the community cat pursuant
properly cared for in accordance with the follow- to the stray animal provisions of Section
Sixteen (§ 14-41). Animal services has
ing requirements: the right to immediately seize and
A. All community cats living in colonies humanely destroy any Community Cat
shall be cared for on the private property that poses a public health or safety concern
1/411/
Supp. No. 77 CD14:31
14-44 COLLIER COUNTY CODE
by virtue of disease (rabies or other Sec. 14-46. Disposal of bodies of dead
epizootic events), aggressive tempera- animals.
ment resulting in unprovoked attacks on
1. Any owner of any animal, upon the death
humans, or any other reason concerning
public health and safety. of such animal, shall immediately dispose of the
carcass by burning, burying at least two (2) feet
2. Management programs to reduce the below the surface of the ground, or other
uncontrolled reproduction of community cats authorized method of disposal;however, nothing
shall be implemented by the Director to provide in this section shall prohibit the disposal of such
for the sterilization and return-to-field of all animal carcass to companies licensed to do busi-
for community cats entering animal services.
nesses in this County.
2. It is unlawful to dispose of the carcass of
A. All community cats entering animal any animal by dumping such carcass on any
services shall be counted toward intake public or private property.
and,upon return-to-field,shall be counted
as a live-release. 3. Any owner of any animal shall be responsible
for the costs of disposing of the animal in
B. All community cats entering animal instances where the Division disposes of the
services shall be examined for tempera- animal due to any emergency or the owner's
ment to evaluate their ability to survive failure to act. The costs of disposal shall be
in an outdoor environment with or without established by the Board by resolution.
assistance from a community cat caregiver. (Ord. No. 2018-33, § 1)
C. Community cats shall be sterilized, ear- Sec. 14-47. Tampering with animal traps or
tipped, vaccinated to include rabies vac- capture devices.
cination,implanted with a radio frequency
identification devise (RFID) (microchip) No person shall willfully tamper with,remove,
and returned to the original point of alter,destroy, or disable any animal control trap,
pick-up by a Pet Placement Partner, cage or capture device, set out or placed by an
volunteer, or an Animal Control Officer. animal control officer or a person or organization
However, any community cat may be authorized by the animal control division. Any
euthanized upon the Discretion of the person who violates this section is subject to a
Director in accordance with Section fine in an amount set by resolution of the board
Nineteen (§ 14-44), 1.G, above. of county commissioners.
(Ord. No. 2018-33, § 1) (Ord. No. 2018-33, § 1)
Sec. 14-48. Livestock.
Sec. 14-45. Injury to animals by motor
vehicles;reporting requirement. 1. Livestock fences. Every owner of livestock
shall erect and/or maintain a fence to contain
Any person who, as the operator of a motor and confine all livestock kept or maintained on
vehicle, strikes a domestic animal shall stop at his/her premises. Such fence shall be sufficiently
once and render such assistance as may be strong and substantial so as to prevent egress of
possible without risking personal safety and livestock. Failure to so erect and/or maintain the
shall immediately report such injury or death to fence in reasonably good condition shall be deemed
the animal's owner. In the event the owner a violation of this chapter. The owner of livestock
cannot be ascertained and located,such operator shall, within twenty-four (24) hours of initial
shall at once report the accident to the appropri- contact from the Division, repair or erect a fence
ate law enforcement agency and/or animal and/or make arrangements for the placement of
services. livestock so as to have the livestock confined. If
LOrd. No. 2018-33, § 1) the fence is not repaired or erected, or arrange-
Supp. No. 77 CD14:32
ANIMALS § 14-54
ments have not been made for the placement of Equine infectious anemia means a disease of
livestock within the twenty-four-hour period,the horses caused by a virus spread by insects and
owner may receive a civil citation. improper use of hypodermic instruments which
2. Livestock at large. Any owner of livestock may be acute, subacute, chronic or inapparent
who unlawfully, intentionally, knowingly or
and commonly called "horse fever".
negligently permits the same to run at large or Horse means a mule,donkey,burro, ass, zebra
stray upon any street, roadway, right-of-way, or other equidae.
other public area or the private property of (Ord. No. 76-13, § 1)
another without consent or their authorized Cross reference—Definitions generally,§ 1-2.
agent or lessee,shall be deemed to be in violation
of this chapter. Sec. 14-52. Construction.
3. Equine infectious anemia/Coggins. The provisions of this article are cumulative
and supplemental to federal and state laws and
A. All horses within the County or
transported into the County must have a rules and other ordinances and regulations of
report of a negative Coggins (EIA) test the county and municipalities therein, and shall
conducted within the previous twelve be liberally construed to effectuate the purpose
(12) months. A foal under six(6) months of protecting the public welfare.
of age, is exempted from test require (Ord. No. 76 13, § 1)
ments when accompanied by its dam
which has a report of a negative Coggins Sec. 14-53. Adoption of references.
test conducted within the past twelve (a) This article specifically incorporates by
(12) months. reference the provisions of F.S. §§ 585.15—
B. All horses, other than those sold for 585.19 and 585.671 and Chapter 5C-18 of the
slaughter, must have a report of a nega- Rules of the State Department of Agriculture
tive Coggins test conducted within the and Consumer Services, Division of Animal
previous twelve (12) months for change Industry, concerning the control of equine infec-
of ownership. The negative Coggins test tious anemia.
report must be provided to the new owner (b) The provisions of F.S. § 828.05 et seq.,
or custodian at the time of change of regulate the care, feeding and treatment of
location or ownership. animals.
(Ord. No. 2018-33, § 1) (Ord. No. 76 13, § 1)
Secs. 14-49, 14-50. Reserved. Sec. 14-54. Prohibited activities.
(a) It shall be unlawful for any person:
ARTICLE III. EQUINE INFECTIOUS
ANEMIA (1) To own, control or possess, or have the
right to control or possess a horse within
Sec. 14-51. Definitions. the county without possessing a certificate
by an accredited veterinarian that the
The following words,terms and phrases,when horse has been tested for equine infec-
used in this article, shall have the meanings tious anemia within the immediate
ascribed to them in this section, except where preceding 12-month period.
the context clearly indicates a different meaning:
(2) To transport or cause to be transported a
Accredited veterinarian means a licensed horse into the county without having
veterinarian approved by the United States first obtained and having in his posses-
Department of Agriculture and Consumer sion a certificate by an accredited
Services. veterinarian that such horse has been
Supp. No. 77 CD14:33
V 14-54 COLLIER COUNTY CODE
tested for equine infectious anemia within 2. Freedom from discomfort by providing
the immediate preceding 12-month period. an appropriate environment including
(b) It shall be unlawful for any person to own, shelter and a comfortable resting area;
control, possess or have the right to control or 3. Freedom from pain, injury or disease by
possess, a horse within the county that reacts prevention or rapid diagnosis and treat-
positively to a test for equine infectious anemia, ment;
given by an accredited veterinarian, without
causing such horse to be quarantined in an 4. Freedom to express normal behavior by
enclosure,effectively screened to exclude mosqui providing sufficient space, proper facili-
tos and other major insect vectors,a minimum of ties and company of the animal's own
600 feet distant from other horses or otherwise kind; and
as provided by law. 5. Freedom from fear and distress by ensur-
(c) It shall be unlawful for any person to deny ing conditions and treatment which avoid
an official sheriff, police, animal regulation or mental suffering.
agricultural officer of the United States, state or (Ord. No. 2013-55, § 2)
county, or any accredited veterinarian, entrance
or access to any horse he suspects may be Sec. 14-78. Proper Animal Husbandry.
infected with equine infectious anemia or to Anyone who owns or maintains an animal-
refuse to allow an accredited veterinarian to test related business, animal-related organization,
any horse for equine infectious anemia. commercial breeder, non-commercial breeder, or
(Ord. No. 76-13, § 1) rodeo must exercise proper Animal Husbandry,
Secs. 14-55-14-75. Reserved. which includes the following practices:
1. Animal enclosures must be safe,sanitary,
ARTICLE IV. STANDARDS OF CARE FOR dry, and must protect the animals from
ANIMAL-RELATED BUSINESSES AND
the elements.
ORGANIZATIONS;BREEDERS;AND 2. Animal enclosures shall be large enough
RODEOS for each animal contained therein to
stand up, sit down, lie down, and turn
Sec. 14-76. Purpose of Ordinance. around simultaneously.
The purpose of this Ordinance is to create the 3. Where an enclosure is used sequentially
Standards of Care authorized by Section Twelve for more than one animal during the
of the Collier County Animal Control Ordinance. course of a day, the enclosure will be
This Ordinance is expressly limited to animal- cleaned,sanitized and dried between each
related businesses, animal-related organiza- animal.
tions, commercial breeders, non-commercial
breeders,and rodeos and is to be read in conjunc- 4. Airline-type containers normally used for
tion with the Collier County Animal Control shipping and transporting animals shall
Ordinance. not be used to permanently house animals.
(Ord. No. 2013-55, § 1) 5. Where animals are incompatible, they
Sec. 14-77. General Standards of Care. shall be contained separately in appropri
ate enclosures.
Anyone who owns or maintains an animal-
related business, animal-related organization, 6. Housing facilities for animals must be
commercial breeder, non-commercial breeder, or clean and sufficiently ventilated at all
rodeo must provide that animal: times when animals are present to provide
1. Freedom from hunger or thirst by ready for their health, comfort and well-being.
access to fresh water and a diet to 7. Housing facilities for animals must be
maintain full health and vigor; sufficiently heated and cooled when neces-
L
Supp. No. 77 CD14:34
ANIMALS § 14-78
sary to protect the animals from cold and 18. Animals shall be provided with food of
hot temperatures and to provide for their sufficient quantity and quality to allow
health, comfort and well-being. for normal growth and maintenance of a
8. Premises where animals are housed shall healthy body weight.
have sufficient lighting and provide a 19. Fresh water shall be available to all
diurnal lighting cycle, by either natural animals daily and shall be maintained in
or artificial light, corresponding to the a container in such a manner that animals
natural period of daylight and night. If cannot turn the container over.
artificial light is provided,it must emulate 20. Food and water shall be fresh, appropri-
natural light.
ate for the animal, and free from
9. Premises where animals are housed shall contamination.
be clean, orderly and free of garbage, 21. Animals must be given exercise appropri-
toxic substances, unused food, standing ate for their species, breed, and size.
water, sharp objects, litter or refuse.
10. Garbage shall be kept in 22. The responsible party must follow
g p garbage cans veterinary instructions for any sick or
with properly fitting lids and disposed of injured animal. Proof of adequate,timely
regularly. veterinary care and follow-up must be
11. Bodies of dead animals must be disposed provided to animal services upon request.
of according to applicable county and 23. Animals having a known or suspected
state regulations, policies and laws. communicable animal-to-human disease
12. Food shall be stored in such a way as to shall be maintained in isolation where
prevent contamination by rodents, pests they cannot directly or indirectly come
and moisture. Food storage containers into contact with any other animals or
shall be clearly and properly labeled as the public. Applicable county and state
to contents. health regulations must be followed when
13. Any poisonous plants growing in or near caring for any animal harboring an
where herbivorous animals are being animal-to-human disease.
housed should be removed. 24. Any animal that cannot stand on its own
14. All chemicals, pesticides, cleaning solu-
tions and disinfectants shall be stored must be hospitalized, housed under the
and used in accordance with manufactur-
ers' instructions, properly labeled as to humanely euthanized in accordance with
content and kept away from contact with F.S. § 828.058.
animals and animal food. 25. Animals shall not be worked in a sick,
15. All animal feces shall be removed and diseased or injured condition.
disposed of properly. Livestock manure 26. Animals shall not be abused,mistreated,
which has been removed from animal tormented or in any manner made to
enclosures shall be maintained the suffer by any person or any means.
maximum feasible distance from animal 27. Any enclosure used as a primary means
housing. Animal feces shall not be allowedof confinement for a dog must meet the
to contaminate surrounding waters. definition of proper enclosure as defined
16. Food dishes and water bowls shall be in the Collier County Animal Control
cleaned daily. Ordinance.
17. When communal feeding containers are 28. Cats must be provided access to a
used, there shall be sufficient space to receptacle containing sufficient clean litter
feed all the animals simultaneously. to contain excreta and body wastes.
Supp. No. 77 CD14:35
14-78 COLLIER COUNTY CODE
29. Cats must be provided solid resting animals into its custody shall report to
surface(s) that are sufficient to hold all animal services any obvious case of neglect
cats at the same time comfortably. or animal abuse pursuant to the Collier
30. Livestock normally maintained in outdoor County Animal Control Ordinance,these
areas must have access to shelter that Standards, or F.S. ch. 828, "Cruelty to
provides protection from the direct rays Animals."Animal services'phone number
of the sun and the direct effect of wind shall be posted in a prominent location.
and rain and is of sufficient size and/or 2. Each animal-related business or organiza-
number to provide enough space for each tion will post emergency contact informa-
animal to comfortably stand up,sit down, tion in a prominent place visible from the
lie down and turn around in the shelter exterior of the main entrance to the
simultaneously. premises. If an animal-related organiza-
31. Livestock shall have access to dry ground tion is located in a premises used primar
at all times. ily as a residence,this contact information
does not need to be prominently posted,
32. Livestock shall be provided access to an but must be kept current and on file with
appropriately fenced open area for routine animal services, the local law enforce-
exercise. ment entity, and the local fire depart-
33. Livestock must be securely confined and ment. This contact shall be available at
not permitted to run at large. all hours in case of emergencies or other
enforcement-related matters.
34. Livestock shall not be left unattended
while tethered. 3. Each animal-related business or organiza-
tion shall have a written disaster plan to
35. Equine and ovine shall have hooves address both immediate and noticed
trimmed so as to prevent lameness and evacuation of all animals in case of an
extreme overgrowth. emergency. This plan shall be posted in a
36. Equine must have documentation by a prominent location.
licensed veterinarian certifying that the 4. Each animal-related business or organiza-
equine has been tested for Equine Infec- tion shall have a working telephone avail-
tious Anemia (Coggins test) within the able at all times in case of an emergency.
preceding twelve-month period. The name of the establishment's veterinar-
37. Animals other than those specifically ian and the veterinarian's phone number
enumerated herein shall be cared for shall be posted in a prominent location.
pursuant to general guidelines and 5. Each animal-related business or organiza-
accepted animal husbandry standards tion shall provide for adequate rodent
for each species. and insect control.
(Ord. No. 2013-55, § 3)
C. Records.
Sec. 14-79. Regulations for Animal-Related 1. Each animal-related business or organiza-
Businesses and Organizations. tion shall keep records on all animals
A. Posting of Permit. Each animal-related busi currently under its care. These records
ness and organization will prominently display a shall be maintained on each animal
current, valid county animal services-issued individually.
operational permit. 2. The information in these records shall
B. Safety. include but not be limited to rabies vac-
cination, all other inoculations and
1. Each animal-related business or organiza- prescription or medical treatments
tion which accepts privately owned administered.
Supp. No. 77 CD14:36
ANIMALS § 14-79
3. Where the animal-related business or 4. Tepid water must be used for the purpose
organization has a duty to care for, but of washing dogs and cats. Cold water is
not a right of ownership in the animal, not acceptable.
records shall also include the owner's
name, address, emergency telephone 5. Grooming bathtubs shall be sanitized
number, owner's proof of identification, after each animal grooming. Grooming
and name and telephone number of bathtubs shall be maintained free of
owner's veterinarian. In addition,a medi- mold and mildew.
cal release must be obtained from the
6. Clippers,dryers,combs,brushes and any
owner or his designee for each animal
and shall become part of the animal's other grooming equipment shall be
record so that emergency treatment can maintained in good repair so that they
be given if the animal shows signs of are appropriate for the intended safe use
illness or is injured while in the care and per the manufacturers' or suppliers'
custody of the animal-related entity. instructions.
Exceptions to this provision may be made
on a case-by-case basis when due to E. Long-term Nonresidential (Institutional)
extenuating circumstances it is in the Housing of Dogs.
best interest of the animal for the animal 1. Dogs maintained in a nonresidential set-
owner to remain anonymous. ting for a period longer than three months
4. Where the animal-related business or shall be afforded protective measures.
organization has a right of ownership in The responsible party shall notify animal
the animal, records shall indicate where services regarding all dogs maintained in
the animal was obtained. a nonresidential setting for longer than
three months and shall comply with the
5. A copy of a current (within the previous following requirements:
twelve months) negative Coggins test
(equine infectious anemia) shall be on a. A veterinarian will examine the
record for each equine (except nursing animal once every six months. Dogs
foals). No equine shall be accepted for not maintained on a heartworm
board unless a current (within the past preventative program shall be given
twelve months) negative Coggins test an occult heartworm test and started
record is produced by the owner. on preventative or treated for same.
6. All records as described herein shall be b. A professional behaviorist or trainer
kept for a period of two years. will evaluate the animal once every
three months and recommend a
7. All records shall be made available to the behavioral enrichment program.
inspecting officer upon request. c. The dog will receive a minimum of
fifty minutes of play, interaction,
D. Groomers. grooming and/or training each week
1. Clippers, combs, brushes and any other or the care stipulated by the recom-
equipment shall be sanitized after each mended behavioral enrichment
animal grooming. program, whichever is more
stringent. Dogs with medical condi-
2. Animals shall not be left unattended tions prohibiting play or training
while tethered to grooming stations. sessions shall be excluded from this
requirement upon written certifica-
3. Clean, separate drying towels shall be tion of the medical condition by a
used for each individual animal groomed. licensed veterinarian.
Supp. No. 77 CD14:37
L14-79 COLLIER COUNTY CODE
d. Records shall be kept evidencing c. Evidence of testing for infectious
compliance with the above. equine anemia within the previous
(Ord. No. 2013-55, § 4) immediate twelve(12)months,with
negative results for all equine.
Sec. 14-80. Regulations for Rodeos.
2. The operator of a rodeo shall ensure that:
A. Posting of Permit. The operator of a rodeo a. A licensed veterinarian shall be
will prominently display a current, valid county available for all shows;
animal services-issued operational permit.
B. Safety. b. An ambulance and medical
attendants shall be available on the
1. The operator of a rodeo shall report to grounds for emergency purposes;
animal services any obvious case of neglect c. Any tack, equipment, device,
or animal abuse pursuant to the Collier substance or material that is injuri
County Animal Control Ordinance,these ous or could cause unnecessary
Standards, or F.S. ch. 828, "Cruelty to
Animals."Animal services'phone number cruelty is prohibited;
shall be posted in a prominent location. d. All stock is strong, healthy, and
2. The operator of a rodeo event shall meet physically sound in order to perform
all fire safety requirements in accordance in the assigned events;
with the local fire and zoning regula- e. Chutes are so constructed as to
tions. prevent injury to the stock,and that
1/4
3. The operator of a rodeo shall have a the arena is free of rocks,holes, and
written emergency plan to address, as is all obstacles which could cause injury
necessary, inclement weather,veterinary to animals or contestants;
medical emergencies,attendee safety,and f. All flank straps and equipment is
crowd control. This plan shall be posted removed from stock in catch chutes
in a prominent location. as soon as possible and that injured
C. Public Awareness. The operator of a rodeo animals remain in the catch chute
event shall make available to attendees literature until examined and released by the
to be provided by animal services outlining the attending veterinarian; and
provisions of the Collier County Animal Control g. Rowels on spurs of all contestants
Ordinance. are short, dull, and free to revolve.
D. Rodeo Regulations. (Ord. No. 2013-55, § 5)
1. The operator of a rodeo shall provide Sec. 14-81. Regulations for Breeders and
animal services with: Pet Shops.
a. A diagram of the arena, showing
location of the chutes, catch chutes, A. Permit Notification.
and pens; a list of all proposed
events and acts; and a copy of the 1. The appropriate permit number shall be
rules and regulations which will provided on all advertisements and promo
govern the conduct of the contestants tions concerning the sale or give-away of
and events; an animal.
b. The name and contact information 2. The appropriate permit number shall be
of a veterinarian who will be avail- provided to all persons who buy or accept
able for all shows; and ownership of an animal.
Supp. No. 77 CD14:38
ANIMALS § 14-81
B. Requirements for Sale of Dogs and Cats. 5. The OCVI must document that the fol-
1. Dogs, cats, puppies, and kittens acquired lowing inoculations, tests, and treat
for resale must be examined by a licensed ments have been administered, unless
veterinarian within five business days of the veterinarian certifies on the OCVI
physical acquisition. that to inoculate or deworm the animal is
not in the best medical interest of the
2. Dogs, cats, puppies, and kittens offered animal, in which case the vaccine or
for sale must be at least eight weeks of anthelmintic may not be administered to
age. that particular animal:
3. Dogs, cats, puppies and kittens offered a. For dogs or puppies:
for sale must be accompanied by an i. Vaccination against canine
Official Certificate of Veterinary Inspec distemper,leptospirosis,horde
tion (OCVI). tella, parainfluenza, hepatitis,
4. The OCVI must contain the following and canine parvovirus. A rabies
information: inoculation must be provided
a. The date of the examination by the for any dog over three months
examining veterinarian. of age.
b. The examining veterinarian's license ii. Diagnostic tests to detect the
number. following internal parasites:
hookworms,roundworms,whip-
c. The examining veterinarian's worms,tapeworms,coccidia and
signature. giardia. Heartworm detection
d. The age, breed, sex, color, and any must occur for dogs six months
distinguishing marks of the animal. of age or older. Appropriate
e. The health record of the animal. treatment for all positive find
f. Anytests ings must be documented.
performed and their
results,and any vaccinations or other b. For cats or kittens:
treatments administered, including i. Vaccination against panleuko-
vaccine type, lot number, expiration penia, feline viral rhino
date, and date of administration, tracheitis, and calici virus. A
including those not specifically rabies inoculation must be
enumerated below. provided for any cat over three
months of age.
g. A statement that the examining
veterinarian warrants, to the best ii. Diagnostic tests to detect the
of his knowledge,that the dog or cat following internal parasites:
has no sign of contagious or infec hookworms, roundworms,
tious diseases and has no evidence tapeworms and coccidia.
of internal or external parasites, Appropriate treatment for all
including coccidiosis and ear mites, positive findings must be
but excluding fleas and ticks. documented.
h. A statement concerning whether or iii. Diagnostic test to detect Feline
not the examining veterinarian has Leukemia with the result listed
detected any physical abnormalities on the OCVI.
in the dog or cat, including but not 6. If the animal is less than four months of
limited to a heart murmur, and age, the tests, vaccines, and anthelmint-
umbilical hernia, entropian, and ics required above must be administered
inguinal hernia, and cryptorchid- no more than twenty-one days before
ism. sale within the county. If the animal is
Supp. No. 77 CD14:39
L` 14-81 COLLIER COUNTY CODE
four months of age or older, the tests, 5. Records indicating the disposition of all
vaccines, and anthelmintics required animals shall be forwarded to animal
above must be administered at or after services on a quarterly basis.
three months of age, but no more than 6. All records as described herein shall be
one year before sale within the county. kept for a period of two years.
7. The sale of the dog, cat, puppy, or kitten 7. All records shall be made available to the
shall take place no more than thirty days
after the OCVI has been issued. inspecting officer upon request.
8. If a dog, cat, puppy, or kitten is not sold D. Disclosures.
within thirty days of the issuance of the 1. At the time of sale, breeders and pet
OCVI,then a new examination and OCVI shops must provide the purchaser with:
must be obtained.
a. A copy of the complete record
9. All dogs,cats,puppies and kittens offered pertaining to the individual animal
for sale must be implanted with a as described above;
microchip. b. Literature to be provided by animal
C. Records. services outlining the provisions of
1. Breeders shall maintain records of each the Collier County Animal Control
litter of puppies and kittens born. Such Ordinance; and
records shall include the date of birth, c. A copy of F.S. § 828.29, Dogs and
number of puppies and litters born, and cats transported or offered for sale;
the license tag number of each parent. health requirements; consumer
Led 2. Pet shops shall maintain records of each guarantee.
animal acquired for sale. Such records 2. The above information must be provided
shall include the name and address of to prospective purchasers upon request.
the source of the animal, the animal's
date of birth, and date the animal was E. Pet Lemon Law.
received. 1. All breeders and pet shops must comply
3. Breeders and pet shops shall maintain a with any applicable provisions of F.S.
separate record of each animal sold § 828.29 Dogs and cats transported or
containing the breed, sex, color, and offered for sale; health requirements;
identifying marks of the animal;all OCVIs consumer guarantee. Where any conflict
and medical records for each animal;the exists between these standards and this
name and address of the purchaser; and section, the more restrictive shall apply.
the number of the microchip implanted 2. This section does not in any way limit the
in the animal. If the disposition of the rights or remedies that are otherwise
animal is not through sale, the records available to a consumer under any other
shall indicate the type and date of disposi- law.
tion, including the name and address of
any subsequent owner, if one exists. F. Exemptions.Animal services,humane societ-
4. If a dog or cat dies while in the posses- societ-
ies, and 501(c)3 rescue organizations shall be
exempt from the provisions of this section.
sion of a breeder or pet shop, the breeder (Ord. No. 2013-55, § 6)
or pet shop shall secure the services of a
licensed veterinarian to determine the Sec. 14-82. Penalties.
cause of death or suspected cause of
death. The veterinarian shall document Failure to abide by this Ordinance may result
the date of death and known or suspected in penalties as set forth in Section Thirteen of
cause of death on an OCVI. the Collier County Animal Control Ordinance
L
Supp. No. 77 CD14:40
ANIMALS § 14-105
(§ 14-38 herein) or denial, revocation, or suspen-
sion of an entity's County-issued license as
provided in Section Twelve of the Collier County
Animal Control Ordinance (§ 14-37 herein).
Anyone who receives a citation, has been denied
a permit or whose permit has been revoked or
suspended may appeal this action in a court of
competent jurisdiction within thirty calendar
days from the date of notice.
(Ord. No. 2013-55, § 7)
Editor's note—Section nine of Ord. No. 2013-55 states:
"This Ordinance shall be effective by November 1,2013."
Secs. 14-83-14-105. Reserved.
Supp. No. 77 CD14:41
Chapters 15-17
RESERVED
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CD15:1