Ordinance 76-13ORDINm'ICE t;O. _76=13
;~ ORDINANC~ REPEALING ORDINANCE NO. 76-1,
REQUIRI;';G EACH }~ORSF., MULF., DONKEY AND
OTHER EQUINE TO BE TESTED FOR EQUINE INFEC-
TIOUS ANEMIA (S~ F~V~R) WIT~IN T~E PREVIOUS
~ELVE (12) ~ONTH PERIOD A~;D WITHI~'~ ~LVE (12)
MONTHS PRIOR TO BEING T~NSPORTED INTO COLLIER
COUNTY; REQUIRI~G THAT ~ACH SUCH ANImaL T~T
DISCLOSES A POSITIVE TEST BE QUA~NTINED IN AN
ENCLOSURE EFFECTIVELY SCReeNeD TO EXCLUD~
;~OSQUITOS AND OTHER MAJOR INSECT VECTORS; A
MINI~UM DISTANCE OF SIX HUNDRED FEET (600')
FROM ANY OTHER EQUINE; PROVIDING DEFINITIONS;
PROVIDING CONSTRUCTION, CONFLICT, SE~NCE AND
PENALTY CLAUSES~ ~ND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAIn]ED BY THE ;~OARD OF COUNTY CO~.~ISSIONERS OF
COLLIER COUNTY, FLORIDA~
SECTIOH ONE:
1. Definitions:
a. "Accredited Veterinarian" - a licensed
veterinarian approved by the United States Department of
Agriculture and Consumer Services.
b. "Equine Infectious Anemia" - a disease of
horses caused by a virus spread by insects and improper use
of hypodermic instruments which may be acute, aubacute,
chronic or lnapparent and commonly called "~orse Fever".
c. "};ors~" - a mule, donkey, burro, ass, zebra
or other equidae.
2. References:
a. This Ordinance specifically incorporates by
reference the provisions of Sections $85.15, .16, .17, .18,
.19 and .671 of the Florida Statutes and Chapter 5C-1~ of
the Rules of the State of Florida, Department of Agriculture
and Consumer Services, Division of Animal Industry concerning
the control of Equine Infectious Anemia.
b. Chapter 828.05 et. seq. of the Florida
Statutes regulate the care, feeding and treatment of animals.
3. Unla~.,ful:
a. It shall be unlawful for any person=
1) TO o%.~, control or possess, or have the
right to control or possess a horse within Collier
County, as defined hereinabov~, without possessing
a certificate by an accredited veterinarian that the
horse has been tested for Equine Infectious Anem/a
within the immediatory preceding twelve (12) month period.
2) Transport or cause to be transported, a
horse to Collier County without having first obtained .
and having in his possession, a certificate by an accre-
dited veterinarian that such horse has been tested for
Equine Infectious Anemia within the imm. ediatory preceding
twelve (12) month period.
b. It shall be unlawful for any person to I,'
control, possess or have the right to control or possess,
a horse within Collier County that reacts positively to a
test for Equine Infectious Anemia by an accredited veterinarian
without causing such horse to be quarantined in an enclosure
effectively screened to exclude mosquitos and other major
insect vectors, a minimum of a six-hundred foot (600') distance
from other horses as defined hereinabove or otherwise as pro-
vided by law.
c. It shall be unlawful for any person to deny
an Official Sheriff, Police, Animal Regulation or Agricultural
Officer of the United States, State of Florida or Collier County,
or any accredited veterinarian entrance or access to any horse
he suspects may be infected with Equine Infectious Anemia or to
refuse to allow an accredited veterinarian to test any horse for
Equine Infectious Anemia.
SECTION TWO:
1. Construction.
The provisions of this Ordinance are cumulative and supple-
mental to Federal and State laws and rules and other ordinances
and regulations of Collier County and municipalities therein
and shall be liberally construed to effectuate the purpose of
protecting the public welfare.
2. Conflict.
If any part of this Ordinance conflicts with any other
part or with any other law, ordinance, rule or regulation the
more restrictive shall apply.
3. Severance.
If any part of this Ordinance is for any reason held
invalid or unconstitutional on its face, or as applied by any
Court of competent Jurisdiction such part shall be considered
a separate part and such holding shall not affect the validity
or constitutionalism of the remaining parts or such holding
shall not affect any other circumstance.
4. Penalty.
Violation of this Ordinance is punishable by a fine not
to exceed $500.00 or by confinement not to ~xceed sixty (60)
days, or both. Each day an offense exists shall be considered
a separate offense. Prosecution as a misdemeanor shall not
preclude other remedies available in law and equity.
SECTION THREE:
Collier County Ordinance 76-1 is hereby repealed.
SECTION FOUR:
This Ordinance shall become effective upon receipt of
Notico by tho Clerk to tho Board of County Commissioner8 that
it is filud with tho Socretary of Stato.
DATED, March 23, 1976 BOARD OF COUNTY CO~ISSION~.RS '
COLLIER C~NTY, FLORIDA
'I.~%R~RE~ ~. SCOTT, Cle.r~
._~"' . c~
~ ' , Ap~oved ~s~~ and lmgal~suffictency~
. ,
County Attorney
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