Ordinance 94-10 ORDINANCE NO 94- l0 ·
(ANIHA~ CONTROL ORDINANCE) ~ BY
E~DING PARAGRAPH EIGHT OF SECTION SIX ANI~BY
ADDING X N~ P~G~PH E TO SE~ION SIX, ~D
~EBY ~KE ~E AFFIDAVIT OF COMP~T
PR~ESS AVAI~BLE TO ALL VIO~TIONS SPECIF~D
IN SE~ION SIX$ A~O ~DING PA~G~PH C.3
VIO~TIONS BEING WI~ESS~ B
OFFI~y ~O ~DING P~~ C OF SE~I~
S~E~ TO E~ABLISH SPECIFIC FINES, ~D IN
SO~E ~ES A ~NDATORY CO~ ~P~NCE, FOR
~EST~ CITATIONS OF ~O~TI~NS OF ~E
ORDIN~CE~ PROVIDING FOR ~N~I~ ~D
S~BILI~ PROVIDING AN EFFE~IVE DATE
~S, on Augus~ 10, 1993, the Board of County
C~lssioners adopted Ordinance No. 93-56, the animal Control
Ordinances and
~S, Paragraph C of Section S~~ of Ordinance No.
93-56 proides that an uncontested citation of violation of the '
Ani~l Control Ordinance shall be subject to a fine not to exceed
three hundred dollars (~300.00)7 and
~~, ~e Cou~Adm~nistra~or of Collier County has
re~ested tha~ the Board of County Co~issioners (Board)
establish specific fines for each uncontested citation of any
viola~ion of the ~lmal Control Ordinance~ and
~S, staff has reco~ended spediflo fines and, in cases
of aggravated offenses, a mandato~ court appearance, to apply to
uncontested citations of violations of the Animal Control
Ordinance] and
~8, the Board, In restnee to the request of the Cour~
Administrator, here~ establishes spe~fle fines, and in some
cases a manda~o~ court appearance, for uncon~ested citations of
violations of the Animal Control Ordinances and
~S, only complain~s ~f noise can be prosedted under
the Ordinance by an "affidavit of compla'lt" process, which cases
do not r~lre tha~ the v~olation be committed In the presence of
the issuing Officers and
-~-
Words~ are added~ words ~~~h are deleted,
NTIBREAS, violations are being committed outside the presence
of the lseuin9 Officer in spite or repeated attempts ~o observe
such violations~ and
WHEREAS, Staff has :ecommended that the "affidavit of
complaint" process be made available for use for all types of
violations listed in Bsction SIX of the Animal Control Ordinancst
and
WHEREAS, the Board hereby expands t~e types of violations
that can be prosecuted l/means of the waffidavit of complaint
process to all violations specified in Section SIX of the Animal
Control dina.ce.
"NOW, ~EREFORB, BE IT ORD~INED BY ~E BO~RD OF COUN~
COMMISSIONERS OF COLLIER COUNTY, FLORZDA theft
SECTION ONES That SECTXON SIX oZ Collier County ordinsnce SZ-Se is hereby amended te read as
BECTION SlXz ENDGS OR~IP~ PROHIBITED UPON BEAC~ES; RUNNING
AT IARGE; SPECIFIC LOCALES; FE~LE DOGS~ C"aASING
VEH~CLES; DA}!AGE ~ PROPERTY~ VICIOUS
NUISANCE, ABANDONMENT; CONFINED IN UNATTENDED
H(TrOR VEHICLE; UNLAWFUL
A. It shall be unlagful for the owner of an animal to allow
or permit his or her animalz
l. To be upon the beaches of Collier County, vhether
lettered or unfettered, unless the area has been designated by
the Board as suitable for use by such animals, except a certified
seeing-eye or hearing~sar dog actually in use by its handicapped
person, or animals used by law enforcement officers or county
ordinance enforcement personnel.
2. To run at large An or upon any public street, road,
sidewalk, other public place, or upon private property ~ithout
the eXpressed or implied consent, subject to zoning, of the owner
or any lessee of such private property.
3. To be within any park or upon public school grounds
or public playground in Collier county, including the exercising
of any animal, Whether lettered or unfettered, for the purpose of
elimination of wastes.
WordsIMitate added~ words e%T~lek-%h~Wh are deleted.
4. To enter any place where rood is stored, prepared,
earwed or sold to the public, or any other public ht~dlng or
hall~ provided however, that this provision shall not apply to
any blind or dea£ persons using seeing-eye or hearing-ear dogs,
to public building used rot animal shove or exhibitions, or to
dogs used for enforcement b~ any law enforcement officer or code
enforcement
5. To trespass upon private or public property so as
to damage or destroy any property or thing of value, or to
defec~ee and create a sanitary nuisance thereon, including to
deftcats upon roadways, road rights-of-ways, sidewalks, or other
proper~ so as to'~reate a sanitary nuisance thereon. A sanitary
nuisance exists whenever the races are not immediately removed
and properly disp~ed?r.
6.~ To chase, run altar, or Jump at vehicles or
bicycles usin~ any road or road right-of-way.
7. To snap, growl, snarl, ~ump upon, or otherwise
'threaten persons lawfully using any road right-or-way.
8. To bark, whine, howl, or cause other objectionable
noise, which is o~fensive so as to create a nuisance.
9. To be abandoned and thereby relinquish control o~ an
animal with the Intent or purpose of setting the animal at large.
,o. 065 131
-3-
Words~are addedi words :tr=:~ th::=;~are daleted.
lO. ~o be confined in an unattended motor vehicle
without mufflelent ventilation or under other conditions for such
periods of time as may endanger the health and/or physical
veil-being of the animal due to heat, lack of potable water, or
such other cir~m~tances as may reasonably cause
disability, or death to the animal.
B. It shall be unlawful for owner to keep, harbor or
maintain any vicious do~ or any do~ with vicious propensities in
a manner which may or does endanger the safety of persons
lawfully upon his premises or away from his premises.
C. It shall be unlawful for any owner to permit, allow or
suffer any livestock to run at large or stray upon any roads and
highways, or upon the property of another without permission of
the property owners or their authorized agent
subJec~ to zoning.
D. It shall be unlawful to keep any female d~ in heat
(eatrue) which is not confined to a building or secure enclosure,
veterinary hospital, or boarding kennel and in such a manner that
the female dog can come in contact with any male do~ except for
intentional breeding with a specific male do~.
E. U~on recsiut of an waffidavit of complaintw for any
violation of this Section SIX sisned by two or_more residents
{each comolainant residina in separate dwellinca in the vicinity
of the violation{ and acknowledged under oath before an
Individual authorized by law to take acknowledgments. sattln~
forth the comolained of acts. an enforcement officer shall
lnvesti~ate the facts to determine if the a~ts comDlaine~ of are
a violation. and. if satisfied that a violation has ocCUrred. may
,
Issue a citation for the violation. includin~. subject to Section
828.27. Florida Statutes. and of Section Seventeen of this
Ordinance. a mandatory court a~eara~Ce,
-4-
Words t~LelJj~$d are added~ words eMt~!--~h::~9½ are deleted.
i-E& Dangerous Dog AppeaZs rorua. ^~/owner of a dog that
:T is declared to be wdangerousw by the Director of Animal Control
Pursuant to Chapter 767, Florida Statutes, may appeal that
decision to I three (3) member appeals forum consisting of the
.~:. following/emberIs General Manager of the Collier County Humane
.? Society or hie employee delignee, and any two (2) employees in
:~;- the Public Services Department, not under the direction or
. control of the Dlrector of Animal Control, that are chosen on a
; case-by-case basis by the Publio Services Administrator.
.- SECTION TWOS That SECTION THIRTEEN of Collier County Ordinance
!~-, Io. e3-se ~s hereby amended to read as lollowes
,~ A. By Animal R~faSD~Officer and Sheriff. The
ir DIrector of Animal Control, any animal control enforcement
officer, or officer of t~e Sheriff,I Office, is empowered to
~ enforce this Ordinance.
a. By )~unioipal Police. Upon resolution aPprovedbythe
~i::: governing board of any incorporated municipality within the
confines of Collier County, the police force of any such
~,' ~unictpality is empowered to enforce the Provisions of this
"" ordinance wlthln that municipal corporation.
i!::: C. By Agents, Employees of Animal Control Department.
· 1. Authorized. The Board is hereby authorized to
~ designate agents or employees of the Collier County Department of
~ Animal Control as animal control enforcement Officers. Zt shall
"'~-. be the responsibility of the Board to determine the training and
qualifications of any employee or agent so designated, subject to
~.:, minimum requirements specified In section ~25.27, Florida
* Statutes. Such designation shall be by resolution adopted at any
regular or special mestlng of sald board.
~ 2, Zt shall be the duty of any person designated as an
anlmai control enforcement officer to enforce thls Ordinance and
subsequent amendments hereto relating to animal control.
,o- 065--133
Words MZldarliDm~ are added/words s4prsek~)t are deleted. ,:':
':~
:~ 2. Authorized to issue citations. ~ny peTson j~.
designated as an animal control enforcement o~£1cer is hereby
authorized to issue citations £or violations ot this Ordinance
.,- and su~lequent amendments he:eto~ vt~.;;; ;-~;~ ':~=Z=~= ~=
4. Form of citation. A citation issued by an animal
" control enforcement officer under the provisions of this section
~ shall be in a form prescribed by the Board. Such citation shall
'fi contain all known information required by Section 828.27, Florida
Statut~s,"includin~,the~date ~nd'ttmeof'issUance bf the .....
citation, name and,address.of the pc:son ln.violatlon~ the date
of the violation, description of the animal Involved, the section
or sections o£ this Ordinance (or subsequent amendments)
violated, the facts constituting probable cause, name and
authorlt~ of the citing enforcement o~ficert also the procedure
for the person to follow in order to pay the civil penalty, to
con~est the citation, or to appear in court when a mandatory
court appearance is required as specified in the citation (in
which ~ase there is no option but to appear in court), the
applicable civil penalty if the person elects not to contest the
.~ citation and the applicable civil penalty if the person elects to
contest the citation~ also a conspicuous statement of the affect
~ of failure ehe topromptly pay the fine or appear in court. Subject
r': to the limitations now or hereafter specified In Section 828.27,
Florida Statutes, a mandatory court appearance may be required by
the lssuin~ officer. Mandatory Court appearances may also be
ordered by a Judge as specified in Section Seventeen, belo~ or as
otherwise within ths Judge's authority.
~' 5. Limitation of powers. Nothing herein contained
shall.be construed to authorize or permit any person designated
as an animal control enforcement o~ftcer pursuant to this Section
Thirteen to perform any function or duties of a law enforcement
o~icer other than specified herein. No such officer shall make
Words Mlllillllt~are addedI words ee~k-4Vh~h are deleted.
physical arrests or ta~e any person into custmiy. All such
officers shall be exempt from the requirements relatin9 to the
Florida high-hazard retirement program and police standards and
training commission am defined or reFerred to by Section X22o34,
and Chapter 943, Florida Statutes.
IzcTxoll figtEEs ~at SZCTXON S~VENTEU of Collier County
Ordinance Io.
A. A violation of this Ordinance As a civil infraction as
provided in Section 828.27, Florida Statutes.
B. If any person, firm, corporation, or any other entity
havinf legal status, whether public or private, shall fail or
refuse to obey or comply with, or violates any provision of this
Ordinance, such person, firm, corporation or entity, upon
conviction of any such civil infraction, shall be punished by a
fine not to exceed five hundred dollars ($500.00) in the
discretion of the court, plus a $2.00 surcharqe to pay the costs
of the 40 hour minimum standards trainin~ course for animal
control officers. Each day
each animal shall be considered as a separate and distinc~
offense. Xn addition, any person, farm, corporation or other
entity convicted under any provisions of this Ordinance shall pay
all costs and expenses involved in the case.
C. Any such person or entity tha~ commits a first or second
civil infraction under this Ordinance, but does not contest the
citation, shall be fined an amount not to exceed three hundred
dollars ($300.00~ for each separate O~fSnSeA_AIJALIAWsL
. 1. MO~-~CGRAVATED.VYOL~TYONSZ ~hs fines for an
uncontested citation of violation of any nrovision o~ thi~
Ordinance. except any aaaravated violation described in ~aracra~h
2 belo~. are as
a. FrRST CYTATIONZ $50.00 for each offense.
SECOND CITATION: $150.00 for each offense.
c. THYRD [OR HORE~ CITATIOn: S300.00 for each
Words~are added~ words
2. ACCRAV^?~ VYOLAT~ORSt For each uncon~estad
citation of any soarorated violation. beinu any citation of a
violation of Section FZVE. oaraaraoh B. !antmal testins or
!aerifica~ or of Bastion SIX. oarseraph 9 or 10. or of any
vioZation of any vara~raoh 1 throuah 9 of Subsection A of Section
TWELVE !all related to animal crueltrY. the fines and cour~
Ipoearanca obltQations are as follower
a. FIRST CYTATYON~ $250.00 for each aqqr~V~ted
b. SECOND CYTATYONf ~300.00 for each soarsnared
yi01ation and a mandatory court annestance in Count~ Court.
c. T~XRD (OR NOREl CITATZONf X maqda~orv cour~
a~earance and fins of more than ~300.00 but not more than
aS00.00 for each soarsnared violation. The amount o[ euch
finals1 shall be datemined and imnosed by the ;~dce or other
friar of fact.
3. x vetson who is resulted to aDoear in court does not
have the cotion of oavinu the fine instead of aovearino In court.
D. Xf any person fails to pay the civil penalty, fails to
appear in court to contest the citation, or fails to appear in
court for any mandatory court appearance, the court may issue an
order to sho~ cause upon the request of ~he Board of County
Commissioners, Such order shall require such persons to appear
before the court to e~plain why action on the citation has not
been taken, Zf any person who As issued such order fails to
appear in response to the court#s directins, that person may be
held in contempt of court.
E, If any penalty provision specified by Section 828.87,
Florida Statutes, is amended, such amended penalty provisions
shall.apply to this Ordinance without Zurther action by the Board
of County Commissioners.
Words lH3glllill~are added~ words e~n~h-~4~h are deleted.
F. ~othlng hersin contained shell prevent or restriot the
·
county from tskin~ such other lawful action in any court or
competent ~urisdlction as is necessary to prevent or remedy any
violation or noncompliance. Such other lawful actions shall
include, but shall not be limited to, an equitable action for
ln~uncttvs relief and an action at law for damages.
C. Further, nothing in this O. rdinance shall be construed to
prohibit the County
Ordinance by means o£ s Code EnfOrcement Board established
pursuant to the authority oZ Chapter 162, Florida Statutes.
H. All remedies and penalties provided £or in this
Ordinance shell be cumulative and independently available to the
County and the County shall be authorized to pursue any and all
remedies set forth in this Ordinance to the full extent allowed
by law,
IECTIOW YOX~aS CONY~ICT
Xn the event that Ordinance conflicts with any other
ordinance o~ Collier County o£ other applicable lay, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court
competent ~urlsdlction, such portion shall be deemed separate,
distinct and Independent provision and such holdin~ shall not
sf~lc~ the validity of the rsmatnin~ portion.
SECTION FIVes EFFECTIVE DXTE,
This Ordinance shall become ef~sctivs upon receipt c~ notice
from the Secretary of State that this Ordinance has been ~llsd
with the Secretary of
Words~are added; words s~k-4~-~h are deleted·
PASSED AND DULY ADOPTED I~/the Board o£ County CommLselonere
.o£ Coll[er.;C;ounty, Florida, this e,~__day of ~1994.
~ARD 0 ~l~8lO
~L ~, ~R DA
Assis~nt ~nty Attorn~
words MlM~t~uttl~ are added; words ~h are deleted.
X, ~IG~ Z. BROW, Clark of' Courts in and for the
: .
'~ ~ntlsth ~ud~clal Clr~, Collier Count~, Florida, do
here~ certify that the foregoing is s t~e co~ or~
~ Ordinance No. 94-10
~lch ~s sdopted ~ the Board or County Commissioners
the ~2rd day o~ Feb~a~, 1994, during Re~lar Session. ,.
~[' " WI~SS ~ ~d ~d the o~c~al seal o~ the Board
C~y Conissioners of Collier County, Florida, this 23rd
day o~ Flb~a~, lgg4.
~IG~ Z, ~ROCK
Clerk o~ C~rts and Clark ,.. ~,;:'; "'
~:, Ex-of~lc~o to Board of "~
~' C~nty Commissioners
Clark *'De~ry