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Item R2Y 3:00 P.M. PUBLIC HEARING " (The Second of Two Public Hearings) BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 15, 2009 KW Department: JCounty Attorney Bulk Item: Yes No X Staff Contact Person/ Phone #:Christine Limbert-Barrows AGENDA ITEM WORDING: A public hearing to consider adoption of a County Ordinance amending sec. 4-70, Monroe County Code providing for the limiting of chaining or tethering of dogs. (Second of Two Public Hearings). ITEM BACKGROUND: On 5/20/09 the BOCC considered a request for approval to hold a public hearing to consider adoption of a County Ordinance amending the Code to limit chaining or tethering of dogs. Following discussion and consideration of public hearing input on this issue, the Board directed staff to advertise and hold two (2) public hearings, instead of only the one (1) required public hearing, to allow for public input throughout the Keys; the first on 6/17/09 in Marathon and the second on 7/15/09 in Key West. PREVIOUS RELEVANT BOCC ACTION: 5/20/09 BOCC consideration of public hearing input. Direction to staff to advertise and schedule two (2) public hearings: the first on 6/17/09 in Marathon; the second on 7/15/09 in Key West 6/17/09 BOCC held first Public Hearing in Marathon (first of two) CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: Unknown INDIRECT COST: Unknown BUDGETED: Yes No COST TO COUNTY: Unknown SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # ORl?'TNANCE. N0. 2E1(}9 h,N ORDINANCE AMEND>NIG SI:C. 4-70, MONROE COUNTY CODE, PROWDIC FOR TI- LINIF11NIG OF' CHAINING OR TETHERING OF DOGS; PROVIDING FOR PENALTIES; PROVIDING FOR PROCESS T01 CONTEST CITATION; PROVM NC FOR Sl;VERABI;=LIT , PROVIDING FOR "IL`HE REPEAL OF ALI, ORDINANCES INCONSISTENT HEREWITH; PROVIDING i OI R INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND; AND PROVfDl NO AN EFFECTIVE DATE. WHERE AS, Monroe Cowity Code Section 4-2 sets forth the purpose of Chapter 4, Monroe County Code, is to provide for tln.e regulation of animals and animal owners and ke,epeers in the interest of the health, safety and welfare of the citizens of Monroe County; now therefore, NOW YY THE RR'_+A' ORE BE lLr1L ORDAIN D BY A lkg'_. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA-. Section 1. Legislative findings and intent. The Board of County Commissioners of Monroe County, Florida, finds that it is inhuinane to chain or tie a dog to a stationary object or to confine it in a small space. It is the intent of this ordinance to impose penalties of significance in order to deter such action and to reduce the possibility of repeat violations by rendering the violators ineligible to adopt pets from County animal shelters, Section 2. Sec. 4-70, Monroe County Code is hereby amended to read as follows: 4-70 Chaining and tethering animals prohibited. --- (A) Definitions. As used in this section: (1) "Owner" includes any owner, custodian, or other person in charge of a dog. (2) As used in this section, tether means to restrain a dog by tying the dog to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including witliout limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash to wallc a dog. (B) It shall be unlawful fora responsible party to tether a dog while outdoors, except when all of the following conditions are niet: (1) The dog is in visual range of the responsible party, and the responsible party is located outside with the dog. (2) The tether is connected to the dog by a buckle -type collar or a body harness made of nylon or leather, not less than one inch in width. (3) The tether has the follov ing properties: it is at )east five times the length of the dog's body, as measured fron-i the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than 1/8 of the dog's weight; and it is free of tangles. (4) The dog is tethered in such a manner as to prevent injury, strangulation, or entanglement. (5) The dog is not outside during a period of extreme weather, including without limitation extreme heat or near -freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes. (6) The dog has access to water, shelter, and day ground. (7) The dog is at least six months of age. Puppies shall not be tethered. (8) The dog is not sick or injured. (9) Pulley, running line, or trolley systems are at least 15 feet in length and are less than. 7 feet above the ground. (10) If there are multiple dogs, each dog is tethered separately. (C) An exception can be made when the animal is left unaccompanied in a public location for a period not to exceed 15 minutes. (D) For a first-time violation, the Department shall issue a warning notice to the responsible party and shall wait at least thirty (30) days before taking any further enforcement action against the responsible party. Thereafter, each violation of this section shall be subject to enforcement in accordance with Sec. 4-46 of this chapter. SECTION 3. Ord. No. 022-2006 §4, Section 4-70, Monroe County Code as previously written, is hereby repealed. SECTION 4. SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 6. INCLUSION TN COIN; OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Winances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 7. EFFECTIVE' DATE. This Ordinance shall take effect on 2009 provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the th day of , 2009. Mayor George Neugent Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk UZ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairperson MONROE COUNTY ATTORNEY . APPROVED AS TO FORM: CHRIST! E M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date I. � wA edify . ORDINANCE NO. - 2009 AN ORDINANCE AMENDING SEC. 4-70, MONROE COUNTY CODE, PROVIDING FOR TI4E LIMITING OF CHAINING OR TETHERING OF DOGS; PROVIDING FOR PENALTIES; PROVIDING FOR PROCESS TO CONTEST CITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County Code Section 4-2 sets forth the purpose of Chapter 4, Monroe County Code, is to provide for the regulation of animals and animal okNniers and keepers in the interest of the health, safety and welfare of the citizens of Monroe County; now therefore, NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1, Legislative Iindings and intent. The Board of County Conunissioners of Monroe County, Florida, finds that it is inhumane to chain or tie a dog to a stationary object or to confine it in a small space. It is the intent of tl>is ordunance to impose penalties of significance it order to deter such action and to reduce the possibility of repeat violations by rendering the violators ineligible to adopt pets from County animal shelters. Section. 2. Sea 4-70, Monroe County Code is hereby amended to read as follows: 4-70 Chaining and tethering animals prohibited. — LA) Definitions. As used in this section: (1) "Owner" includes any owner, custodian. or other person i3 chase of a dop. (2) As used in this section, tether means to restrain a dog by tying the do to o any object or structure, including without limitation a house, tree, fence, post, garage or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash to walk a dog, (B) It shall be unlawful for a responsible.11aM to tether a dog while outdoors except when all of the following conditions are wet: (1) The ehain or tetheF shall not weight more than one eigWh of the animal's be dy weigh�-; (2) the ehain ef- tethef shall be at least ten feet ift a (3) The chain or- tstheF shall hs ,,d to a pmpedy fitted ee lar- or- E..,..,ess „ bythe-animal, T _(4� The animal, wh to Lricte,1 to ,emir ;=_tether i�+}�le t� access sheltsl r� ith floor-; three a��la��u�d rea�la prat�el-ilse�C�a oa�3 trreler3��t �� a�l�c���e le��e��14t�e �xd sti3�li�ht I3id 1 S to Wrfi&ialIt�wh<>leserneTeod rnc� r��ter al�rl tet�iered ali-imal 3l;tr44-1+C4 be tethered er -1-.aii3edc r „11,... ed te€ber�dorol�aincafrom ,',^ timen�andator�ter{ationcat4ke-owl�el�a�eocat X—S�eney-i-s 'Ed„ .,t:l 'he ..,IateiT. tttie s life-,,,] f.1)The dot is in visual range of the responsible party, and the responsible party is located outside with the dog. (2) The tether is connected to the doer a buckle -type collar or a body harness niadc of nylon or leather, not less than one vieh in width. 3 The tether has the following properties: it is at least fiat tinges the lei th of the dog's body, as measured from the tip of the nose to the base of the tail, it terminates at both ends with a swivel-, it does not weigh more than 1/8 of the do 's weight-, and it is free of tangles. (4) The dog, is tethered in such a manner as to prevent injury, strangulation, or entanglement. 5 The dog is not outside durin a eriod of extreme weather including without limitation extreme heat or near -freezing temperatures, thunderstorms- tomadoes. tropical storms, or hurricanes. (6) The dot; has access to water, shelter, and dryyground. (7) The dog is at least six months of age. Puppies shall not be tethered. (8) The dog, is not sick or injured. 2) Pulley, running 1uie, or trolley systems are at least 15 feet in length and are less than 7 feet above the rog und. (10) If there are multiple dogs, each dog is tethered separately. (C) An exception can be made %rIen the animal is left umccornparried,jn a public Deleted: location for a. period not to execed 15 minutes. m) Fora first-time violation, the Department shall issue a warning, notice to the responsible party and shall wait at least thirty (30) days before tatting any further enforcement action against the responsible party. Thereafter, each violation of this section shall be subiect to enforcement in accordance with See. 4-46 of this chapter.. Formatted: underline SECTION 3. Ord. No. 022-2006 §4, Section 4-70, Monroe County Code as previously written, is hereby repealed. SECTION 4. SEVERABILITY. if any portion of this ordinance is fur an), reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect [lie retnainino portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, st.ich holding shall not affect its applicability to any other person., property or circumstances. SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of orduianecs in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 6. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the unifortn numbering system of the Code. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on _ 2009 provided that this Ordinance shall be filed «rich the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board field on the th day of _ , 2009. Mayor George Neugent Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By Deputy Clerk Mayor/Chairperson Sec. 4-46. Enforcement; fines. (a) Violations observed. Upon observing a violation of this chapter, the animal control supervisor or a sworn animal control officer or any other law enforcement officer may either: (1) Issue a citation to the owner or keeper of the animal, that shall be in substantially the same form approved by board resolution for this purpose, and that shall contain: a. The date and time of the issuance of the citation; b. The name and address of the person cited; c. The date and time the civil infraction was committed; d. The facts constituting probable cause for the issuance of the citation; e. The ordinance violated; f. The name and authority of the officer issuing the citation; g. The procedure for the person to follow in order to pay the civil penalty or to contest the citation; h. A statement of the maximum civil penalty (not to exceed $500.00) that may be imposed if the person cited contests the citation and is determined to have violated the ordinance; i. A statement of the civil penalty payable if the person cited does not contest the citation; and j. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, or fails to appear in court as required by the citation, he shall be deemed to have waived his right to contest the citation, and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty of $500.00. In addition, if a person fails to pay the civil penalty, or fails to appear in court to contest the citation or fails to appear in court as required by the citation, the court may issue an order to show cause upon the request of the governing body of the county. This 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. (2) Impound the animal that is the subject of the violation and commence prosecution of the offense pursuant to this chapter or F.S. § 828.27(1)(f) or any subsequent similar provision. (3) The following types of violation of this chapter require a mandatory court appearance by the person cited: a. Aggravated violations resulting in the unprovoked biting, attacking or wounding by a domestic animal; b. Violations resulting in the destruction or loss of personal property; c. Second or subsequent violations; or d. Violations resulting in the issuance of a third or subsequent citation. (4) Persons required to appear in court do not have the option of paying the fine instead of appearing in court. (5) The director of public works shall maintain records to prove the number of citations issued to any one person. (b) Complaints of violations not observed. Upon receipt of an affidavit of complaint signed by one person under oath before an individual authorized to take acknowledgments, setting forth the nature and date of the act, the owner or keeper of the animal, the address of the owner or keeper, and a description of the animal, the animal control supervisor or a sworn animal control officer or other law enforcement officer shall investigate the complaint to determine whether there is probable cause to believe a violation of this chapter has occurred. If probable cause exists, the animal control supervisor or a sworn animal control officer shall commence prosecution of the offense pursuant to F.S. § 828.27(1)(f). (c) Punishment. Upon conviction, any person violating this chapter shall be punished as provided by law. Each day during which the violation continues shall be deemed a separate offense. (1) Civil infraction. Violations of any provision of this chapter shall constitute a civil infraction. The maximum civil penalty shall not exceed $500.00 per violation. (2) Court cost, surcharges and other special charges. Court costs, surcharges and other special charges shall be added by the clerk of the circuit court in the same manner and amounts as provided for class 1 noncriminal violations. (3) Uncontested citation; exceptions. If the party cited does not contest the citation, the penalty given shall be $100.00 except as follows: a. Violations of sections 4-68, 4-69, 4-70, 4-72. Violation by an owner or keeper of a dog or cat of section 4-68 governing abandonment, section 4-69 governing spaying and neutering, section 4-70 governing chaining and tethering, and section 4-72 governing cruelty to animals, constitutes a civil infraction for which the owner or keeper of the animal shall be issued a citation by an officer having probable cause to believe a person has committed an act in violation of those sections. If the citation is paid, the citation shall be subject to the following penalties for each animal: TABLE INSET: First violation I Warning Second violation I Fine of $100.00 1 All subsequent violations I Fine of $250.00 1 b. Violators ineligible for pet redemption or adoption from a county animal shelter. 1. Second and subsequent violations of 4-68 and 4-70. Any person who has been cited for a violation of section 4-68 or 4-70 and who has not obtained a county court order dismissing the citation shall be ineligible to redeem or adopt any animal from a county animal shelter for a period of three years from the date of the citation. 2. Violations of section 4-72. A person convicted of a violation of F.S. § 828.12, or cited for a violation of section 4-72, which citation has not been dismissed or overruled by a court of law, shall not be permitted to adopt any animal from any county animal shelter until proof is provided that the person has undergone psychological counseling with regard to the violation or completed an anger management treatment program. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. c. Violation of litter registration requirement. For violation of the litter registration requirement, in addition to the $100.00 fine for a first offense and $250.00 fine for a second offense, the following additional penalty and waiver apply: 1. A $500.00 fine for the third and every subsequent offense; and 2. Waiver of the fine of $100.00 if resolution of the first offense includes the animal being spayed or neutered subsequent to giving birth to the litter. d. Violation of section 4-69(d). For violations of section 4-69(d), the owner shall be fined an additional $100.00 per offense unless the owner agrees to have the animal altered as provided in that subsection. (4) County surcharge. For each civil penalty imposed for violation of an ordinance relating to animal control or cruelty in this chapter, a surcharge of $5.00 shall be paid by the person charged to the county. The proceeds from such surcharges shall be used to pay the costs of training for animal control officers. (5) Contesting citation. Anyone who receives a citation under this section may, within ten days of the issuance of the citation, petition the county court for a hearing on the merits. A copy of the petition shall be filed with the animal control office from which the citation was issued. Filing of the petition with the court shall stay the requirement to pay the fine until the date of the hearing scheduled by the court. Failure to appear at the scheduled hearing shall subject the petitioner to the remedies set forth in this chapter. (6) Show cause order. If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court when required by a citation mandating court appearance, the court may issue an order to show cause upon the request of the governing body of the county. This 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. (d) Failure to sign citation. Any person willfully refusing to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083, or a fine not to exceed $500.00 in addition to the civil penalty. (e) Each act or omission, per animal, a separate offense. A violation of this chapter as to each animal in the care, custody or control of a person constitutes a separate offense, each separate offense being subject to the penalties provided in this chapter. In all situations where penalties are provided for any act or omission, they shall be held to apply to each and every act or omission. When any act or omission is of a continuing character, each and every day's continuance of the act or omission constitutes a separate offense and a presumption of continuing harm and violation of this chapter that may be separately charged and punished according to the provisions of this chapter. (f) Proof of charged infractions. The commission of a charged infraction at a hearing authorized pursuant to this chapter must be proven by a preponderance of the evidence. (Code 1979, § 3-24; Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 7) NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 15, 2009 at 3:00 P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE AMENDING SEC. 4-70, MONROE COUNTY CODE, PROVIDING FOR THE LIMITING OF CHAINING OR TETHERING OF DOGS; PROVIDING FOR PENALTIES; PROVIDING FOR PROCESS TO CONTEST CITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than .2 working days prior to the scheduled meeting, • if you are hearing or voice impaired, call "711 ". Dated at Key West, Florida, this 22d day of May, 2009. DANNY L. KOLHAGE, Clerk of the Circuit Court (SEAL) and ex offcio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates — this notice: Reporter (Fr) 6/26/2009 Keynoter (Sa) 6/272009 KW Citizen (Su) 6/28/2009 Note: This is public notice for the Second of Two (2) scheduled public hearings on this issue: ist public hearing set for 6/17/09.