Ordinance 93-56 FILED
~ O~Z~O~ ~O~ZDZ~G ~OR O~XZ~ ~O~T~¢~ZO~g
O~ ~8~ ZNCLUDZNG DE~ZN~TZO~g~ ~ZCE~SE C~TZFZC~TE~ T~GS,
~ ~CCZ~TZON RE~UZR~E~5; ~lEg COBOL, ~U~O~ZTY
~ COBOL DZRECTOR~ ~OPTION~ RED~PTZON
B~Z~TION OF ~1~5~ FEES RE~TED THERETO~
LI~T~TION~ ON ~E PROVISION OF ~I~S FOR RES~CH,
TESTIN~ OR ~I~ S~CRIFICE5~ ~I~S PROHIBITED UPON
B~ES ~ O~ER SPECIFIC LOC~ES~ VICIOUS DO~S~ ~IS~CE,
~O~E~ ~ CO~IN~E~ NILD ~I~S ~AWFUL~
P~I~CIN~ BIRDS~ COMP~I~S$ KE~EL~ PET SHOP~ ST~LE ~D
RODEO P~ITS~ ~I~E~CE OF PET SHOPS~ KE~EL5, ST~LES
~E OF ~I~S~ INSPECTIONS~ I~E TR~TME~ OF
~~ E~ORCEME~ CONSTRUCTION ~D P~POSE~ CO~LICT ~D
· ~ILITY~ REPE~IN~ ORDIN~CE NO. 85-40~ REPE~iN~
O~IN~CE NO. 78-16 AS ~E~ED BY ORDIN~CE NO. 82-104~
PROVIDIN~ PE~TIES~ ~ PROVIDIN~ ~ EFFECTIVE D~TE
WHEREAS, The Department of Animal Control has requested that
the Board of County Commissioners (Board), by adoption of this
Ordinance, increase certain fees for the regulation of animals
and otherwise amend many other provisions of County Ordinance No.
78-16 as amended by County Ordinance No. 82-104; and
WHEREAS, The Department of Animal Control has requested that
COtmty Ordinance No. 85-40 pertaining to the vaccination of
animals, be incorporated into this Ordinance; and
WHEREAS, an amendment to Section 767.12.(1)(b), Florida
Statutes, requires that each Florida county create a forum to
decide a dog owner's appeal of a decision by the Director of
Animal Control that his or her dog is "dangerous"; and
WHEREAS, the Board of County Commissioners of Collier
County, Florida, (Board) desires that no animal in the possession
of any Collier County Animal Control Center be released for any
animal sacrifice or for use in any specified animal research or
any specified animal testing; and
WHEREAS, the Board desires that in the event Collier County
enters into any lease or contract that prohibits the other
contracting party from providing animals for specified animal
research or specified animal testing, or for any animal
sacrifice, a violation of any such lease or contract provision
shall be a violation of this Ordinance; and
WHEREAS, Section 828.27, Florida Statutes, requires that
every Florida county ordinance that relates to animal control or
animal crualty must specify that any violation of such an
ordinance is a "civil infraction" with a maximum civil penalty
~ ~'/.Li.:' ' !'hov~' .' ......
for lach'viola~ion'not to exceed'$500.O0; and
,WHEREAS, the Bo&rd has determined that it is appropriate to
.~.... ·
adopt~.~ ordinance that accomplishes these above stated purposes. '": ?'..' ". . ': . 7' '
NOW~'JTHEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
,t :' '""'" ' "iF ':
COMH~SSIONERSOF COIiLIER .COUNTY, FLORIDA that:.
SECTION ONE ~ DEFINITIONS ~
~.~' As used in 'this Ordinance the following words shall have
the following meanings unless the context requires otherwise:
A. "Animal" means any living vertebrate, domestic or
wild, excluding man.
B. "Animal Control" means The Collier County
Department of Animal Control.
C. "Animal Control Center" means any place(s) approved
am such by the Board of County Commissioners for the detention,
care and/or treatment of animals in custody.
D. "Director of Animal Control" means the Director of
Animal Control, including designees of the Director and/or such
other persons designated by the County Manager.
E. "At-large" means off the premises of the owner and
not under the direct control, custody, charge or possession of
'the owner or other responsible person, either by leash, cord,
chain or otherwise.
F. "Board" means the Board of County Commissioners of
Collier County, Florida.
G. "Business" means holding oneself out, either
expressly or impliedly, to the public or any portion of the
publl~ to buy or sell any animal, as a principal or an agent.
H. "County Veterinarian" means a veterinarian, duly
licensed by the State of Florida, appointed by the Board to be a
consultant to the Collier County Health Department and to the
Director of Animal Control.
I. "Dangerous or vicious animal" means any animal of
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· i~' fierce or dangerous propensities likely to cause physical injury
~. Or property damage or that exhibits traits of ungovernability.
J. "Direct Control" means the immediate, continuous
"./ physical control of an animal at all times by such means as a
fence, leash, cord or chain sufficient to restrain the animal; or
especially trained hunting animals engaged in legal hunting, or
animals engaged in shows or organized obedience training programs
where the animals respond to commands.
K. "Health Officer" means the Director of the Collier
County Health Department, or his designee.
L. "Kennel" means any place of business where dogs
cate are maintained for purchase, sale, breeding,
boarding, training for a fee, treatment and/or grooming purposes.
"Kennel" shall not include any Animal Control Center as defined
in this Ordinance, or any veterinary hospital, or any animal
facility operated by any subdivision of local, state or federal
government. "Kennel" shall not include any research facility
i!?. ~ e%lbJect to inspections under any provision of any Florida and/or
'~':' :' federal law.
i'~i~' M. "Owner" means any person having a right or property
in an animal, or any person with the right or duty to control an
animal, or any person then physically controlling, possessing,
harboring or keeping an animal.
N. "Pet Shop" means any place or premise used as a
btleiness to maintain animals for the purpose of purchase, sale,
exhibition, adoption, or donation, including a breeding kennel;
except an individual owning dogs and/or cats for less than one
hundred twenty (120) days that have been bo~ne by one (1} or two
(2) females (owned by such person) during a twelve-month (12)
period shall not be considered as operating a pet shop.
O. "Psittacine Birds" means all birds co~only known
as parrots, amazons, Mexican doubleheads, parakeets, African
grays, cockatoos, macaws, lovebirds, 1otis, lorikeets, and other
birds of the Psittacine family.
P. "Research or testing" means any use of any animal
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! in any vivisection (including demonstration or practica surgery),
~, medio&l or biomedical research, medical experimentation, medical
=.~, or non-medical education, or to test any medication, radiation,
'~ toxicity~ element, chemical or chemical compound, or to study the
!.i~ effects of any consumer product on humans or animals, or for use
in biologicale production or other substantially similar research
,. or testing for scientific, medical, biomedical, educational, or
veterinary purpose, by any individual, school, college,
%mivsrsity, hospital, laboratory, or any other institution or
entity of any description, public or private. Such uses of an
&ni~al that does not expose any animal to any incision or
p%t~cturs, to torture, torment, or cruelty, to any immediate or
.- future damage or impairment, or to unusual stress, is not
.- "research or testing" as defined herein.
· Q. "Torture, Torment or Cruelty" means any act,
omission or negligence causing or allowing to continue
:;' ~ecesaary or unjustifiable pain or suffering when there is
· ~Uldy or relief reasonably available.
· ' R. "Wild Animal" means any living non-domesticated
species defined as wildlife by the wildlife code of the State of
Florida Game and Fresh Water Fish Commission, and any
" free-roaming cat or dog.
S. "Livestock" means all animals of equine, bovine, or
~ swine class, including sheep, goats and other grazing animals.
!' T. "Stable" means any place of business or premises
used to maintain four-legged grazing animals for the purpose of
either a riding stable, pony rides, livery stable, animal rental
and/or animal boarding facilities, for a fee.
U. "Rodeo" means any event or show involving the use
of equines, and/or bovines for the exhibition of skills in
riding, bronco or bull riding, calf roping, and/or bulldogging,
~ where a fee is charged to witness the event.
i!.~ V. "Vaccination" means administering to any animal,
:' pursuant to a certificate of vaccination issued by a licensed
Florida veterinarian, an anti-rabies vaccine approved by the
063-, -83
Florida Department of Health and Rehabilitative Services.
BECTiON TWOl LICENSE CERTIFICATE~ TAGS AND VACCINATION REQUIRED
A. Any owner of a dog or cat shall obtain a Collier County
license for each such animal when the animal is three (3} months
old or older.
1. The license will be issued for a period of one (1)
year and is required to be renewed annually thereafter.
2. The certificate of license shall contain the name of
the owner, address, breed, sex and color of each animal, or other
descriptive data.
3. A metal tag designating the year of issue and
license number shall be issued.
4. The metal tag shall be affixed to the animal's
collar or harness at all times, except when the animal ts
confined, securely fenced or participating in an organized match,
show, trial, or obedience training.
5. The license issued under this section shall not be
transferable from animal to animal nor from owner to owner.
6. Each license and tag must be obtained from persons
designated by the County' Manager. License forms provided by the
Director of Animal Control for the registration and licensing of
doge and cats shall be completed and be submitted to the Director
of Animal Control.
B. A~y owner of a dog or cat shall have such animal
vaccinated annually for rabies when the animal is three (3)
months old or older. Every owner shall provide proof of
vaccination upon demand of the Health Officer or his designee or
any other person authorized to enforce this Ordinance. No
vaccination is required if a licensed veterinarian certifies that
the vaccination would endanger the animal's health.
C. 1. Cost of license for dog or cat is:
Dog - $6.00 for neutered. $20.00 for nonneutered.
· Cat - $6.00 for neutered. $20.00 for nonneutered.
'~i The animal's owner ts responsible to prove that his or
? her cat or dog has been neutered.
2. Cost of obtaining each duplicate tag is $4.00.
3. The cost of such license is waived for persons who
ara legally blind or deaf and whose dog is a seeing-eye dog, a
hearing-ear dog, or a law enforcement dog certified as such by a
cour~ of law or other authorized governmental certifying
authority.
4. License fees established by this Ordinance may from
time to time be revised by resolution of the Board.
SECTION THREE~ RABIES CONTROL, PRIORITY,
REPORTING, IMPOUNDMENT, IILD OR EXOTIC ~NIMALS,
DESTRUCTION OP RABID OR SUSPECTED RABID~tNIMALS.
A. The Director of Animal Control shall give first priority
to requests of the Health Officer to investigate cases involving
rabies or the suspicion of rabies.
B. Any person having knowledge of an animal scratching or
otherwise wounding a person by contact, shall immediately report
the facts to the County Health Department or to the Department of
Animal Control, including: 1) the victim's name, approximate age
and address; 2) the animal owner's name and address; 3) the
animal's description and location; and 4) names and description
of other persona and animals involved.
C. An animal known to have bitten or scratched a human or
an animal suspected of having rabies shall, if possible, be
captured or taken into custody by the Director of Animal Control,
police, Sheriff's Office, or Health Officer.
1. Unvaccinated dogs and cats will be impounded and
quarantined for ten (10) days of clinical observation in the
Animal Control Center or at a local veterinarian clinic
authorized by the Health Officer or Director of Animal Control.
Impoundment and boarding fees will be paid by the owner of the
animal. Other animals will be impounded and quarantined by
direction of the Health Officer or Director of Animal Control.
2. Dogs or cats known to have bitten a human and which
has a current vaccination may be confined under quarantine by
fence or suitable enclosure on the premises of the owner, or at
some other location approved by the Health Officer or the
Director of Animal Control.
D. Wild animals that are susceptible of carrying rabies,
·hat are being held in captivity, or possessed as pets by private
persons who are properly licensed, but which animals have not
vaccinated with a proven anti-rabies vaccine that has been
developed for that specified species of animal and which vaccine
is recog~ized as an effective vaccine by the Health Officer (or
which no known rabies incubation period has been established by
research recognized by the Health Officer) which animal has
either bitten a human being or which animal is suspected of
having rabies, shall be impounded and quarantined by the Director
of Animal Control upon the recommendation of the Health Officer.
The animal will be held in quarantine for a specified period of
time as directed by the Health Officer.
1. A wild animal may be euthanized at the discretion
of the Health Officer for the purpose of laboratory analysis to
determine if the animal is rabid when the health and/or welfare
of the person bitten by that animal is in Jeopardy. The decision
whether to euthanize the animal will be based upon history of
possible exposure of the'animal to rabies.
E. Any animal possessed in a licensed attraction, zoo,
circles, or educational institution, and that is known to have
bitten a human being, shall be isolated and subjected to a
quarantine period at a location as directed by the Health Officer
or Director of Animal Control. In determining the quarantine and
location, the decision will be made on the history of the
animal'l possible exposure to rabies.
F. No animal may be removed from the place of quarantine
without the prior written authorization of the Health Officer or
Director of Animal Control, or his designee.
1. If any animal dies during quarantine, the person
holding the animal in quarantine shall immediately notify the
Health Officer or Director of Animal Control, and shall
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.':... immediately surrender the body of the animal without altering the
· ~od¥ in any manner.
~" G. Any unvaccinated dog, cat, or other animal susceptible
~ of carrying rabies that is bitten by a known rabid animal shall
~. be ~mmediately destroyed. However, if it is an owned animal, the
:i'!:'. owner may elect to have the animal confined and quarantined at
.~ ths A~imal Control Center (or at another location approved by the
ii'i~'I' Health Officer or Director of Animal Control) for a period of up
,i. to six (6) months. All costs of the detention of the animal will
be at the expense of the owner.
i.: H. The Director of Animal Control, Sheriff, or municipal
'.i' police officer, shall have authority to kill an animal in order
to procure an animal that is susceptible of carrying rabies and
that is know~ to have bitten a human being or is suspected of
having rabies, provided that all other reasonable means and
methods under the circumstances to capture the animal have
" failed. The head of the animal, intact, shall then be submitted
i" to a desig~ated laboratory to be analyzed for rabies infection.
SECTION FOUR~ DIRECTOR OF ANIMAL CONTROL, AUTHORITY
UNLAWFUL TO INTERFERE WITH OFFICER IN PERFORMANCE
OF DUTY.
A. The Director of Animal Control shall have all necessary
authority to enforce this ordinance and pick up, catch or procure
!!!. any animal in violation of this Ordinance, and have such animal
· impounded within the Animal Control shelter or other designated
~ place.
:.i...-. B. The Director of Animal Control shall have authority to
enter upon any public or private property, except a building
~!,,' designated for and actually used for residential purposes and
~'. other buildings within the curtilage of the principal residential
building, for the purpose of enforcing this Ordinance.
C. It shall be unlawful for a person to interfere with,
.. -. hinder, molest or abuse the Director of Animal Control, the
Health officer, or any of their subordinates in the performance
of their lawful duties under this Ordinance or under Florida law.
D. It shall be unlawful for any owner of any animal to
refuse to eurrender such animal for impoundment or quarantine as
provided by t.hie Ordinance when demand for surrender of the
&sims1 is made by the Health Officer, Director of Animal Control,
or other enforcement officer.
E. 1. Fees related to impoundment are ss follows:
a. Impoundment of dog, cats and other
small animals: $20.00
Impoundment of equine, bovine and
other livestock: $30.00
b. Advertising of impounded livestock: direct
cost plus 50% for administration.
c. Laboratory and veterinarian fees: direct
cost plus 50% for administration.
d. Transportation and service fees
for impounded livestock: direct
cost plus 50% for administration.
e. Daily board for animal: $5.00
2. The Director of Animal Control is hereby granted
authority to revise the above fees Resolution approved by
upon
the Board..
F. The Director of Animal Control is hereby granted
authority to establish reasonable rules and requlations to govern
the care and feeding of animals maintained in or by pet shops,
kennels, stables, animal acts, rides, used in rodeos and/or other
commercial public displays of such animals upon resolution by the
Board.
G. In addition to, or in lieu of, impounding any animal
found in violation of this Ordinance, the Director of Animal
Control, Sheriff, municipal police officer, or other enforcement
officer, empowered to enforce this Ordinance may issue to the
owner of such animal a notice of violation and a service fee of
twenty dollars ($20.00) to be paid to the Director of Animal
Control within seventy-two (72) hours, excluding Saturdays,
Sundays and legal holidays. If such fee is not paid within the
prescribed time the matter will be accorded appropriate
enforcement and/or collection action,
H. The Director of Animal Control or the Sheriff of Collier
County, or their respective designees, shall have the authority
to destroy any free roaming untagged dog or cat when other
reasonable means and methods to capture are tried but failed, or
when & diligent search has been made to establish ownership has
failed, and it has been ascertained by citizen complaint or
investigation that the animal has aggressive tendencies and poses
a threat of injury to persons or other animals, or has caused
bodily injury to a person or has physically injured or killed
%./ ~E~TION PIFEI ADOPTION, REDEMPTION AND EUTHA}~IZATION OF ANIMALS
AND LIMITATIONS ON PROVISION OF ANIMALS FOR
RESEARCh, TESTINO OR ANIMAL SACRIFICE
A. Impounded animals not suspected of having an infectious
or contagious disease shall be held for a minimum for five (5)
full days (120 hours) to provide time for the animal's owner to
~' notify staff of intent to recover the animal. The Director of
~.-. Anna1 Control or designee shall make at least three (3) attempts
to contact the owner if the owner's identity is known or easily
ascertained, of an animal impounded before the. animal's humane
· disposition. Dogs, cats, and other animals no~ claimed within
~' the five (5) day period, subject to subsections (B) and (C)
below, may be adopted, or may be euthanized by any method
specified in Section 828.058, Florida Statutes.
1. Animals shall be released to owners on presentation
of proof of ownership, or adopted after licensing and upon
~.... 'payment of costs and fees.
2. Ail persons adopting any dog or cat from a public
' animal shelter, humane society, or animal control agency operated
by & public agency, shall have any unsterilized animal sterilized
~., by a licensed veterinarian within thirty (30) days of the
adoption or prior to the animal's sexual maturity. The adopter
' shall enter into a written agreement with Collier County
~.~ guaranteeing such sterilization and shall submit a sufficient
deposit as required by Florida Statutes.
3. Collier County adoption fees:
a. A fee of ten dollars ($10.00) shall be charged
for each dog or cat adopted.
b. A fee for all other animals adopted
will be determined by market value of the
animal.
B. No person, for himself or herself, or on behalf of any
other person or entity whatsoever, shall acquire or attempt to
ack, ire actual or constructive possession of any animal for any
use in research, testing, or animal sacrifice, from the actual or
constructive possession of any Collier County Animal Control
Center, or from any person or entity operating or controlling any
animal c~stody facility, pound, or animal shelter that is then
leased from Collier County by a lease that prohibits such use(s),
or ~s then under a contract with Collier County which contract
prohibits such use(s). Such use(s) include the immediate or
eventual sale, transfer, gift, trade, donation, delivery, or any
other provision of any animal for use in research, testing,
and/or animal sacrifice. No employee, volunteer, worker, agent
or other representative of any such entity sha-ll knowingly
release from the actual or constructive possession of any such
entity, any animal for any such known or suspected usa.
SECTION 8IXl DOGS OR J~NIMALS PROHIBITED UPON BEACHES~ RUNNING
~T L~GE~ BPECIFIC LOC~LEB~ FEMALE DOGS; C~ASING
FEHICLES~ D~M~GE TO PROPERTY~ VICIOUS DOGS~
NUIBANCE, AB~NDONMENT~ CONFINED IN UNATTENDED
MOTOR VEHICLEI UNLAWFUL
A. It shall be unlawful for the owner of an animal to allow
or permit his or her animal:
1. To be upon the beaches of Collier County, whether
fettered or unfettered, unless the area has been designated by
the Board as suitable for use by such animals, except a certified
seeing*eye or hearing-ear dog actually in use by its handicapped
person, or animals used by law enforcement officers or county
ordinance enforcement personnel.
2. To run at large in or upon any public street, road,
sidewalk, other public place, or upon private property without
SO-
the expressed or implied consent, subject to zoning, of the owner
or any lessee of such private property.
2. To be within any park or upon public school grounds
or public playground in Collier County, including the exercising
of any animal, whether fettered or unfettered, for the purpose of
elimination of wastes.
4. To enter any place where food is stored, prepared,
ser~'ed or sold to the public, or any other public building or
ha11~ provided however, that this provision shall not apply to
any blind or deaf persons using seeing-eye or hearing-ear dogs,
to publio building used for animal shows or exhibitions, or to
dogs used for enforcement by any law enforcement officer or code
enforcement officer.
5. To trespass upon private or public property so as
to daaagt or destroy any property or thing of value, or to
defecate and create a sanitary nuisance thereon, including to
defecate upon roadways, road rights-of-ways, sidewalks, or other
property so as to create a sanitary nuisance thereon. A sanitary
nuisance exists whenever the feces are not immediately removed
and properly disposed of.
6.. To chase, run after, or Jump at vehicles or
bicycles using any road or road right-of-way.
7. To snap, growl, snarl, Jump upon, or otherwise
threaten persons lawfully using any road right-of-way.
8. To bark, whine, howl, or cause other objectionable
noise, which £e offensive so as to create a nuisance. Upon
receipt of an "affidavit of complaint" signed by two or more
residents (each complainant residing in separate dwellings in the
vicinity) and acknowledged under oath before an individual
authorized by law to take acknowledgments, setting forth the
complained of act(s), an enforcement officer shall investigate
the facts to determine if the act(s) complained of is a
violation, and, if determined to be a violation, may issue a
citation for appropriate action required of the owner(s),
including, subject to the limitations of Section 828.27, Florida
Statutes, requirement of a mandatory court appearance.
..
'~'' 9. TO be abandoned and thereby relinquish control of
?. an animal with the intent or purpose of setting the animal at
large.
10. To be confined in an unattended motor vehicle
without sufficient ventilation or under other conditions for such
'. periods of time as may endanger the health and/or physical
well-being cf the animal due to heat, lack of potable water, or
~.' much other circumstances as may reasonably cause suffering,
~..~ disability, or death to the animal.
.... .B~'. ]"Xt.mha11 he unlawful for owner to keep, harbor or
maintain any vicious dog cr any dog 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 mhall be unlawful for any owner to permit, allow or
muffet any livestock to run at large or stray upon any roads and
':. highwaym~ or upon the property of another without permission of
. the'prOperty owners or their authorized agent or leases, subject
to zcning.
· D.'-.. It shali"bs unlawful to keep any female dog in heat
~ (mstx~s).,which is not confined to a building or secure enclosure,
veterinary hospital, or boarding kennel and in such a manner that
the f'~ale.dog can come in contact with any male dog except for
intentional breeding with a specific male dog.
i]~. . "~' ' Dangerous Dog Appeals Forum. Any owner of a dog that is
declared to be "dangerous" by the Director of Animal Control
~' purm~ant..to Chapter 767, Florida Statutes, may appeal that
'~; decision-to a three (3) member appeals forum consisting of the
i[: f0110W~g: members: General Manager of the Collier County Humane
: Society'?r'his employee designee, and any two (2) employees in
the P~blic"Services Department, not under the direction or
control of the Director of Animal Control, that are chosen on a
~: Case-by-case basis by the Public Services Administrator.
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SECTION SEVENs WILD ~tNI}XAL8 UNLAWFUL; EXCEPTIONS.
A. It shall be unlawful for any person to maintain or keep
a wild anllal exceptc
1. Owllsrs licensed by the Stats of Flo=ida Game and
Fresh Water Commission and confined to the owner's premises in a
cage or enclosure.
2. A wild animal for exhibition purposes maintained by
& licensed circus, zoo, attraction or educational institution.
~ECTXON lIGHTS PBZTTACINE BIRDS
A. A Psittacins bird known to be infected, or to have been
&ssoolated with a bird known to be infected, ~hall be quarantined
ulltil released by the Health Officer. No bird shall be removed
fro~ where an infected bird is found until the quarantine is
B. When human contamination is traced to an aviary a
reason&bls no~ber of birds will be confiscated for virus
examination.
C. Infected birds shall be killed and their bodies immersed
in two percent (2%) Creosol and burned before the feathers are'
dry if the bodies are not shipped for laboratory exam~nation.
Shipment for laboratory examination shall be made in accordance
with instructions by the Health Officer.
SECTION ~XNES COMPLAINTS
Complaints for alleged violation of this Ordinance shall be
co~mUllicatad to the Director of Animal Control, Sheriff's Office
or police department. Upon receipt of a complaint, an
investigation shall be conducted to determine if there is any
violation of this Ordinance. If it is ascertained that any
provision of this Ordinance is being violated, proper and lawful
action will be taken to enforce this Ordinance.
~BCTION TENs KENNEL~ PET SHOP~ STABLE AND RODEO PERMITS.
A. Every person who owns or operates a kennel, pet shop, or
stable, or combination thereof, shall on or before October 1st of
each year obtain a permit from the Director of Animal Control. A
fee of twenty dollars ($20.00) will be charged for the permit.
The fee to any humane society or not-for-profit animal protection
agency is automatically waived.
B. The Director of Animal Control shall issue a permit
after receipt of this fee if he determines that the premises meet
established standards and regulations as established by the
Board. That permit shall be displayed within the licensed
premises at a place where it ts clearly visible to the public.
C. Every person or organization who sponsors or operates a
rodeo shall, at least 30 days prior to the date of the event,
make application to the Director of Animal Control for a permit
to operate; the fee for application and permit shall be $20.00.
IE~TZON ELEFENI MAINTENANCE OF PET SHOPS, KENNELS, BTABLES,
ETC, CARE OF ANIMALS, AND INSPECTIONS.
A. The owner or operators of a pet shop, kennel, stable, or
any other place of business of boarding or keeping animals shall
properly feed and care for each animal in his custody or control.
B. The Director of Animal Control shall periodically
inspect the premises of each kennel, pet shop, stable, or other
such place of business during the establishment's business hours.
Failure to comply with Collier County's established regulations
and standards shall be grounds for suspension or revocation of
the permit to operate.
C. The Director cf Animal Control shall Issue a "Notice of
Violation" if any kennel, pet shop, stable, or other such place
of business fails to comply with the above mentioned regulations
and standards.
D. The premises shall be reinspected within five (5) days
after issue of a "Notice of Violation." Failure to correct or
take positive action to correct each discrepancy is a violation
of this Ordinance, and in addition, is ground for revocation or
suspension of the permit by the Director of Animal Control.
SECTION TWELVE: INHUMANE TREATMENT OF ANIMALS UNLAWFUL
A~ It shall be unlawful for any person to:
1. Cause, encourage, allow, permit or suffer any dog,
cock, or other animal to participate in, or be trained to fight
other dogs or cocks, or to maim, mutilate or disfigure an animal
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of the same or another species, including as an object (lure) to
rapt or entice another animal to race, usually on a track.
2. Maim or disfigure any dog, cat, or other animal.
3. Administer poison or expose any poisonous substance
with reason to know that the same may kill an animal other than
the common rat or mouse.
4. Own or possess a dog that is known to habitually
attack, injure, or kill other animals.
5. Tor~ent any animal or deprive any animal of shelter
or sufficient quantity of good and wholesome food and water.
6. Keep any animal in an enclosure without wholesome
exercise and change of air.
7. Abandon to die any animal that is maimed, sick,
deformed or diseased.
8. Beat and cause unnecessary injury and suffering to
9. Carry any animal upon or leave any animal in any
vehicle In a cruel or inhumane manner or in any manner that
threatens the health of the animal, such as by overheating, lack
of sufficient fresh air,'wholesome food, and/or potable water.
B. The Director of Animal Control shall impound any animal
found to be cruelly treated as defined in this Ordinance.
C. Whoever violates any provision of this Section Twelve
shall forfeit his right to license an animal in Collier County
for one (1) year in addition to any other penalty provided by
this Ordinance or otherwise by law. Any ownership of such animal
without benefit of a license shall be deemed an additional
violation of this Ordinance.
8ZCTXON TIIXRTEENI ENFORCEMENT.
A. By Animal Regulation Officer and Sheriff. The Director
Of Animal Control, any animal control enforcement officer or
officer of the Sheriff's Office is empowered to enforce this
Ordinance.
B. By Municipal Police. Upon resolution approved by the
governing board of any incorporated municipality within the
conf~nea of Collier County, the pol£ca force of an~ such
,!~ii municipality is empowered to enforce the provisions of this
?. ordinance within that municipal corporation.
~. C. By Agents, Employees of Animal Control Department.
~ 1. Au'chorized. The Board is hereby authorized to
~' d&eignate agents or employees of the Collier County Department of
Animal Control as animal control enforcement officers. It shall
'i:.. be the responsibility of the Board to determine the training and
'i qual~f~catione of any employee or agent so designated, subject to
~i m~n~mum requirements specified in Section 828.27, Florida
?.~ Statutee. Such designation shall be by resolution adopted at any
req~lar or special meeting of said board.
:.' 2. It shall be the duty of any person designated as an
::.i:' animal control enforcement officer to enforce this Ordinance and
,.~:". subsequent amendments hereto relating to animal control.
~. 3. Authorized to issue citations. Any person
~.~.' designated as an animal control enforcement officer is hereby
authorized to issue citations for violations of this Ordinance
~i. an~ subsequent amendments hereto, where such violation is
w~tneesed by said officer.
· .. 4. Form of citation. A citation issued by an animal
':'~' control enforcement officer under the provisions of this
eect~on shall be in a fo~,~ ~ '-t~ed by the Board. Such
o~tation shall contain all k~o~-m information required by Section
828.27, Florida Statutes, including the date and time of issuance
~ ~ of the citation, name and address of the person in violation, the
date of the violation, description of the animal involved, the
section or sections of this Ordinance (or s~bsequent amendments)
'~':' v~oXated, the facts constituting probable cause, name and
authority of the citing enforcement officer~ also the procedure
for the person to follow in order to pay the civil penalty, to
,,, contest the citation, or to appear in court when a mandatory
i";~ court appearance is required as specified in the citation (in
"~" which case 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 effect
~:~. of failure the promptly pay the fine or appear in court.
,~. Subject to the limitations now or hereafter specified in Section
828.27, Florida Statutes, a mandatory court appearance may be
required by the issuing officer. Mandatory Court appearances may
also he ordered by a Judge as specified in Section Seventeen,
below, or as otherwise within the 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 officer pursuant to this Section
Thirteen to perform any function or duties of a law enforcement
officer other than specified herein. No such officer shall make
physical arrests or take any person into custody. Ail such
officers shall be exempt from the requirements relating to the
Florida high-hazard retirement program and police standards and
~ training commission as defined or referred to by Section 122.34,
~; and Chapter 943, Florida Statutes.
,. , SECTION FOURTEENI CONSTRUCTION ~ND PURPOSE.
This Ordinance is, and shall be deemed to be, cumulative and
supplemental, and in addition to any other act, law or ordinance
of Collier County or any municipality therein. This Ordinance is
enacted with the primary purpose of insuring the health of the
human residents and visitors of Collier County and with the
secondary purpose of insuring the health of the animals in
Collier County. This Ordinance is to be liberally construed to
effect those objectives.
~E~TXON FIFTEEN: CONFLICT ~%ND SEVERABILIT~
In the event this Ordinance conflicts with any other
ordinance of Collier County, or any municipality therein, or
other applicable law, the more restrictive shall apply. If any
section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by
any court of competent Jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding
shall not affect the validity of the remainder of this Ordinance.
IF~TXON 8XXTEENt RBPEXL OF ORDXITANCEB NO. 8S-40, P~ND NO. 78-X6
~ XX~I~'DED BT NO. B2-104.
Collier County Ordinances No. 85-40, and No. 78-16 as amended by
Ordinance No. 82-104, are hereby repealed.
IBCTION B~VENTEENS PENALTIES
A. A violation of this Ordinance is a civil infraction as
provided in Section 828.27, Florida Statutes.
B. If any person, firm, corporation, or any other entity
having legal status, whether public or private, shall fail or
refuse to obey or comply with, or violates any provision of this
Ordinance, euch person, firm, corporation or entity, upon
convlc~ion of any such civil infractio~, shall be punished by a
fine not to exceed five hundred dollars ($500.00) in the
discretion of the court, plus a $2.00 surcharge to pay the costs
of the 40 hour minimum standards training course for animal
each animal aha11 be considered as a separate and distinct
offence. In addition, any person, firm, 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 any such entity that commits a 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 offense.
D. If any person fails to pay the civil penalty, fails to
appear in court to contest the citation, or falls to appear in
court for any mandatory court appearance, t~e court may issue an
order to show cause upon t~e request of the Board of County
Commissioners. Such order shall require such persons to appear
before the court to explain why action on the citation has not
been taken. If any person who is issued such order fails to
appear in response to the court's directive, 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 further action by the Board
of County Commissioners.
F. Nothing herein contained shall prevent or restrict the
county from taking such other lawful action in any court or
competent Jurisdiction as is necessary to prevent or remedy any
violation or noncompliance. Such other lawful actions shall
include, but shall not be limited to, an e~itable action for
~nJ~c~ve relief and an action at law for damages.
G. ~rther, nothing In th~s Ordinance shall be construed to
prohibit the County from prosecuting any v~olation of this
~nance by means of a Code Enforcemen2 Board established
~suant ~o the authority of Chapter 162, Florida Statutes.
H. All remedies and penalties provided for ~n this
Ordinance shall be cumulative and ~ndependently available Co the
County and ~e County shall be authorized to pursu~ any and all
r~ed~es ~et fo~h ~n th~s Ordinance to the full e~ent allowed
~ls Ordinance shall' become effective upon receipt of
off,cia1 not,ce from the Secretary of State that it has been
f~led w~ ~e Secreta~ of Sta~e.
Passed and duly adopted by the Board of County Co~iss~oners
of Collier County, Florida, this loth of Au~st, 1993.
~. BO~ OF CO~TY CO~ISSIONERS
Clerk COLLI~ CO~TY, F~RIDA
BURT h. SANDERS, C~I~
~ fO~ and
~: ~s o~lnonce flied w~th ~e
~!eta~ of~tote's
a~ ocknow~edge~t .of~t ~ct
Ass~s~an~ County Attorney ~~~/~~fili~g recelve~ ~d~ .
STATE OF FLORIDA
i,::. COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts In and for the
. TwentAeth Judlcial ClrcuAt, Collier County, Florida, do
hereby certify that the foregoAng is a true copy of:
Ordinance No. 93-56
:.~ which was adopted by the Board of County Com~ssioners on
!'~ the 10th day of August, 1993, during Regular Session.
,~ WITNESS my hand and the official seal of the Board of
~. County Commiss~onars of Collier County, Florida, th~s 13th
.~ ~[: day of'AUguSt, 1993.
..
%~ Clerk of Courts and ~ er~'~ ..........
~"' Ex-off,cio to Board of ~ '" .'"."~.~
z.- County Commissioners -~.' .'.. · -.
,oo 063 , 100