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Ordinance 030-2010ORDINANCE NO. 030 - 2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTIONS 4 -1, 4 -3, 4 -37, 4 -38, 4 -67 and 4 -75, OF THE MONROE COUNTY CODE, PROVIDING FOR THE AUTHORITY TO DESIGNATE DOG AS DANGEROUS; PROVIDING FOR CONFISCATION; PROVIDING FOR AN APPEAL PROCEDURE AND PROVIDING FOR ADDITIONAL RESTRICTIONS RELATING TO DANGEROUS DOGS; 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. WHEREAS, Monroe County Code Chapter 4 sets forth the definitions of "dangerous ", 'fierce", "vicious" dogs, and WHEREAS, in order to simplify the Monroe County Code and to be more consistent with Florida Statutes, the definition and classification of a "dangerous dog" should be amended; and WHEREAS, the Monroe County Code should provide the owner(s) of such dangerous dogs an opportunity to an administrative hearing upon request to contest the final determination and classification of a dog as dangerous; and WHEREAS, the Monroe County Code should set forth the procedure and appeal process for owners' of dogs classified as "dangerous" to follow; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Sec. 4 -1, Monroe County Code is hereby amended to read as follows: 4 -1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or to leave an animal unattended for more than 24 hours, or to release the animal upon public roads or public or private lands, or to fail to provide adequate food, water, exercise or medical care. 1 Animal means any living dumb creature, including any mammal, bird, fish, reptile, ferret, turtle, horse, mollusk, crustacean, or any other vertebrate other than a human being. Animal at large means any animal, other than a cat, that is not under the control, custody, charge or possession of the owner or other responsible person in attendance, by leash, secure fence or other means of confinement or restraint. Animal control officer means any person employed or appointed by the County for the purpose of enforcing County ordinances or State statutes pertaining to animal care and control, who is authorized to investigate on public or private property civil infractions relating to animal control or cruelty and to issue citations as provided in this chapter, and whose appointment is approved by the Board of County Commissioners, and whose appointment is approved by a judge of the County Court or Circuit Court for the County. For purposes of enforcement of violations of this chapter, the terms "animal control officer" and "animal control supervisor" are interchangeable. Animal control shelter means a facility designated or recognized by the County or the State for the purpose of impounding and/or caring for animals, including a contract service provider, such as a local animal protection shelter, that may include a humane society. Animal control supervisor means a person who has been duly appointed as an animal control officer and who is: (1) The person, if the function of animal control is administered by County employees or if a single independent contractor has contracted for animal control services County -wide, who has authority and responsibility for all County animal shelters and to whom all duly appointed animal control officers shall report; or (2) Any person with authority and responsibility for one or more County animal shelters and to whom duly appointed animal control officers shall report by area under the jurisdiction of any single contractor, if the animal control functions within the County are administered by more than one independent contractor. Animal fighting means fighting between roosters or other birds or between dogs, or between other animals of the same species. Bait means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, the "baiting' means the use of live animals in the training of racing greyhounds. Cat means any member of the species fells catus. P) Charging instrument means a writing or document that recites the mode of committing an offense. Citation means a charging instrument or written notice, issued to a person by an animal control officer or law enforcement officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the County Court will hear the charge. The citation must contain: (1) The date and time of issuance; (2) The name and address of the person; (3) The date and time the civil infraction was committed; (4) The facts constituting probable cause; (5) The section of this Code violated; (6) The name and authority of the officer; (7) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court as required this section; (8) The applicable civil penalty if the person elects to contest the citation, (9) The applicable civil penalty if the person elects not to contest the citation; (10) 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, the person 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; and (11) A conspicuous statement that if the person is required to appear in court as mandated by this section, he does not have the option of paying a fine in lieu of appearing in court. Commercial kennel or cattery means a facility that offers the services of a kennel or cattery for a profit. Cruelty means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal, and includes, but is not limited to, any omission of a duty to provide food and water, shelter, and health care which omission causes unjustifiable pain or suffering of an animal, and allowing pain or suffering to continue when there is reasonable remedy or relief. Dangerous dog means any dog that according to the records of the appropriate authority: 1) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; 2) Has more than once severely injured or killed a domestic animal while off the owner's property; 3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or 4) Has, when not provoked, chased, or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the animal control supervisor, The term does not include the following: (1) A dog that bites or attacks a person or animal that provokes, torments, tortures, or treats the animal cruelly or is unlawfully on the property of the owner; or (2) A dog that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect itself or another animal or a person if that person is engaged in lawful activity and is the subject of an assault or battery or animal attack; or (3) A dog that was engaged in law enforcement work under the direction of a law enforcement officer; or (4) A dog that was engaged in a legal hunt or in a legal sport or exhibition such as obedience trial, conformation show, field trial, hunting/retrieving trial, or herding trial. Direct control means control that is immediate and continuous. Dog means any member of the species cans familiaris. Domesticated companion animal means an animal that has traditionally, through a long association with humans, lived in a state of dependence upon humans or has been traditionally kept as a household pet, including, but not limited to: dogs, cats, hamsters, gerbils, ferrets, mice, rabbits, parakeets, parrots, cockatiels, cockatoos, canaries, love birds, finches and tropical fish. Effective voice command means voice control within twenty (20) feet by a competent person which at all times prevents the animal subject to the voice control from running at large or otherwise violating the provisions of this chapter. Ferret means any member of the species mustela faro. Keeper means any person possessing or having custody of an animal. 4 Kennel or cattery means any establishment, except a pet shop or animal protection shelter, wherein or whereon animals are kept for boarding, training, care and grooming, breeding, or stud services for remuneration, or sales of offspring or adult animals, but does not include a veterinarian hospital. Leash means a cord, strap or other like apparatus that is attached to an animal in an effort to control the movement of the animal by the holder thereof. License certificate means a license document issued pursuant to this chapter. The Board may, by resolution, authorize the license certificate and rabies vaccination certificate to be a combined document. License tag means a license tag, designed to be attached to an animal collar, issued pursuant to this chapter. Licensed veterinarian means a veterinarian licensed to practice in the state. Livestock means horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennies, burros, goats, kids, swine, and any other far- bearing animals being raised in captivity, including those other animals recognized by the Department of Agriculture as being within the jurisdiction of its department. Neglect means failure to comply with the minimum requirements for animal care set forth in this chapter. Neutered or spayed means rendered permanently incapable of reproduction by surgical alteration, implantation of a device or other physical means, or permanently incapable of reproduction because of physiological sterility, but only where the neutered or spayed condition has been certified by a veterinarian licensed in any state. Notice means a notice to appear, unless the context of the chapter requires a different definition. Nuisance means the following: (1) An animal that habitually barks, howls, cries, screams or makes other bothersome noises any time of day or night; or (2) Any animal that, by its conduct or behavior, including, but not limited to, habitual or repeated destruction or soiling of any public or private property, habitual chasing of persons, cars or other vehicles, or running at large, causes a disturbance to the peace or causes injury or threat of injury to persons or property. 5 Officer means any law enforcement officer defined in F.S. § 943.10, or any animal control officer. Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the governing body of a county or municipality, the violation of which is a civil infraction. Owner means any person or custodian in charge of an animal and includes any person having a right of property in the animal; or an authorized agent of the person having a right of property in the animal; every person who keeps or harbors the animal or has it in his care, custody or control; and any person who has the apparent authority to have a right of property in the animal. The term shall include every person who resides at the same address or permits an animal to remain on the premises in which that person resides, if such person is of legal age. Person means any individual, corporation, society, co- partnership, limited partnership, limited liability company, association, or any other legal or business entity. Knowledge and acts of agents and employees of corporations in regards to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation. Pet means any domesticated companion animal, excluding livestock, poultry, or wild animals, that is owned by any person. Poultry means any domestic fowl, ornamental birds, and game birds. Premises means a tract of land, including its dwelling units, buildings and other appurtenances. Provoke means to perform an act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an animal. Quarantine means strict confinement by leash, closed cage, paddock, or in any other manner, and in a place as approved by the animal control supervisor of all animals specified in the order. Rabies suspect animal means any animal that has bitten, scratched, or broken the skin of a human being, been in contact with or been bitten, scratched or has had its skin broken by a rabid animal; or any animal that shows symptoms suggestive of rabies. Rabies vaccination certificate means a certificate issued by a licensed veterinarian attesting that the animal has been inoculated against rabies. The certificate shall be Form 51, "Rabies Vaccination Certificate," of the National Association of State Public Health Veterinarians or an equivalent form containing all the information required by such form. The form may be combined with the C] license certificate and the veterinarian who administers the rabies vaccine to the animal may affix his signature stamp in lieu of an actual signature. Rabies vaccination tag means a tag, designed to be attached to an animal collar and containing the rabies vaccination certificate number. Sporting kennel or cattery means a facility that offers no services for profit, that maintains animals solely for the owner's sporting or hobby purposes, and that sells offspring and adult animals only on an occasional basis. The term "occasional basis" means animal sales of a frequency of no greater than one litter per fertile female per year. Tether means a rope or chain fastened to an animal and a stationery object to keep the animal within a certain boundary. Torment means an act or omission, including abandonment or neglect that causes pain, suffering, or distress to an animal, including mental or emotional distress as evidenced by the animal's altered behavior. Veterinary hospital means any establishment operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases, illnesses, and injuries of animals. Wild animal means any animal that is not a domesticated companion animal, or that is any crossbreed of wild animals with domestic animals, or any descendant of any crossbreed. Such animals include, but are not limited to: any venomous snake, python or constrictor snakes, owls, porcupines, monkeys, raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox, coyote, wolves, wolf - hybrids, wolverines, squirrels, bears, deer, chipmunks, moose, elk, rabbits, opossum, beavers, ground hogs, moles, gophers, mice/rodents, bats, birds, and any related fur or feathered non - domesticated companion animals. SECTION 2 . Sec. 4 -3(1), Monroe County Code is hereby amended to read as follows: (1) The Board of County Commissioners finds that the presence of dangerous dogs, as defined in this chapter, within the County creates an increased danger to public health and safety and to the welfare of other animals and people. SECTION 3 . Sec. 4- 37(a)(2), Monroe County Code is hereby amended to read as follows: (2) Any dangerous dog(s) not properly secured or restrained by the owner or keeper; 7 SECTION 4 . Sec. 4- 38(a)(3), Monroe County Code is hereby amended to read as follows: (a) The animal control supervisor and animal control officers may catch, seize or pick up: (1) Any stray animal; (2) Any animal at large; (3) Any dangerous dog not properly restrained or secured by the owner or keeper; (4) Any animal carrying or believed to be carrying rabies or other infectious or contagious diseases; (5) Any animal that is a nuisance; (6) Any dog not licensed and inoculated as required by this chapter; (7) Any sick or injured animal for which the owner or keeper cannot be found after reasonable effort to do so, or for which the owner or keeper is unable or unwilling to provide proper care; (8) Any animal that has been found engaged in animal fighting that is prohibited by this chapter; or (9) Any other animal authorized by this chapter to be quarantined, impounded, caught, seized or picked up. (b) The animal control supervisor or his officers shall impound or otherwise dispose of such animals as provided under this chapter. (c) The animal control supervisor and animal control officer shall investigate complaints or actions allegedly in violation of this chapter and shall issue citations demanding that the violations cease or be corrected. Those animal control officers authorized to issue citations pursuant to F.S. § 828.27(1)(b) and F. S. § 828.23 (1)(f), have authority under this chapter. (d) Pursuant to law, the animal control supervisor and officers may enter public or unfenced private property within the County, except residential buildings, to carry out the duties imposed by this chapter. (e) The animal control supervisor may declare an animal to be a "dangerous dog ' as defined by section 4 -1 in accordance with the procedure set forth in section 4 -75 of this chapter, and may order the owner of such animal to secure, restrain and confine it in a reasonable manner specified by the animal control supervisor and comply with other regulations pertaining to "dangerous dogs" as required by this chapter. (f) The animal control officer shall fulfill the following duties: (1) The animal control officer shall promptly seize, take up and place in the animal protection shelter, or contracted services provider, all animals being kept or harbored or found running at large any place within the County contrary to the provisions of this chapter or the statutes of the State. As to any cat found roaming or wandering on public property or private property other than that of its owner, that is unrestrained, without its owner immediately and visibly present 8 in such area and without an identifying license tag, the animal control officer, after reasonable investigation, shall be vested with discretion to conclude that such cat is feral or abandoned by its owner and may seize and impound the cat in accordance with the provisions of this chapter. (2) The animal control officer shall be properly deputized as a peace or police officer for the purpose of this chapter. He shall have the legal authority and duty to issue appearance tickets, citations or summonses to those persons owning, keeping or harboring animals contrary to the provisions of this chapter. (3) The animal control officer shall dispose of impounded animals that are not claimed and released within: a. Seven (7) days if the animal has been chipped or tattooed or wears a license or rabies tag, which chip, tattoo, rabies or license tag is registered with current information to facilitate contact of the owner, or wears an identification tag with current information to facilitate contact of the owner; or b. Five (5) days if the animal is not able to be identified by one of the following methods: 1. Adoption by an individual person who meets adoption criteria for the animal; 2. Humane euthanasia under State statute if the animal is deemed unadoptable or cannot be placed within a reasonable time with a duly recognized service provider to the County, such as a licensed humane society or animal protection shelter; or 3. Release to a duly recognized service provider to the County, such as a licensed humane society or animal protection shelter. If, however, a dog or cat has a collar, license, or other evidence of ownership, the animal control officer shall notify the owner of the impoundment. Disposition of the animal shall then not be made until after five (5) days from the date of confirmed delivery of a certified mailing or notice of non - pick -up of the certified mail, unless the owner has, prior to the end of the five (5) days, redeemed the animal or relinquished in writing ownership of the animal. The animal control supervisor shall maintain a record of when the animal was acquired and under what circumstances. This record shall also indicate the date of notice sent to the owner of an animal and any subsequent disposition of the animal. This section does not apply to animals that are sick or injured to the extent that the holding period would cause the animal to suffer. Regulations regarding the sale of animals from the animal protection shelter and boarding and other charges shall be posted in a conspicuous 0 place at the animal control shelter. The bodies of all animals destroyed at the animal control shelter or elsewhere in the County shall be disposed of by the animal control officer in a manner approved by the County health department and the Board of County Commissioners. Any animals voluntarily relinquished to the animal control shelter by their owners for disposition (not boarding) need not be kept for the minimum period of five (5) days before release or disposal of the animal by the animal control officer. (4) The animal control officer shall promptly investigate all animal bite cases involving human injury and shall search out and attempt to discover the animal involved. If the animal control officer finds the animal responsible for the bite, he shall either impound or quarantine the animal for examination for disease in accordance with the applicable provisions of this chapter and the statutes of the State. The animal control officer shall also be obliged to seize and impound any rabies - suspected animal and cause the animal to be either impounded or quarantined for examination for disease in accordance with the provisions of this chapter. (5) In response to a complaint of an animal at large or there being a clear indication of "animal in distress" as defined by F. S. § 828.12, the animal control officer is authorized and empowered in accordance with the provisions of this chapter to enter upon private premises (excepting entry into the private areas of buildings or enclosures constructed to provide privacy, unless in possession of a search warrant) for the purpose of inspecting those premises to determine if the owners of dogs, cats or animals harbored, kept or possessed on the premises have complied with the provisions of this chapter. The animal control officer is authorized and empowered to issue a citation to the owner of any dogs, cats or ferrets for whom no license has been procured in accordance with this chapter or for any other violation of this chapter. The provisions of this subsection shall include, but not be limited to, investigation of, and seizure for, cruelty to animals, and investigation and seizure of dangerous dogs. (6) The animal control officer shall have the duty to inspect any kennel, a license for that has been issued by any state or county agency or their authorized officers, and shall have the duty to notify the licensing agency of any conditions that are unhealthy or inhumane to the animals kept in the kennel. (7) The animal control officer shall have the duty to investigate complaints of animals alleged to be dangerous dogs, and shall have the right to seize, take up and impound such animals pending disposition pursuant to this chapter. 10 I4, (8) The animal control officer shall have the duty to investigate complaints of cruelty to or abandonment or neglect of animals and shall take such action as is required or permitted by the section of this chapter governing animals in distress. (9) The animal control officer shall be responsible for coordinating with the County Administrator or his designated appointee the sale of licenses and the keeping of appropriate records and related books of account. (10) The animal control officer shall not sell, give or make available in any manner any live or dead animals of any species or any animal body parts or organs to be used for research, demonstration, experimental or any other purposes by any person, firm, corporation or institution, except to the extent necessary to comply with health laws and regulations concerning rabies. The animal control officer shall be responsible for disposition of the bodies of animals destroyed at the animal protection shelter in accordance with state law and regulations. (11) The animal control officer shall provide to the State Attorney for investigation and possible prosecution information concerning suspected violations of the following: a. The provisions of F.S. § 828.122 governing fighting or baiting animals; b. The provisions of F. S. § 828.123 governing killing a dog or cat with intent to sell pelt and possession of pelts of dogs or cats with the intent to sell; C. The provisions of F.S. § 828.1231 governing the sale of garments or items of clothing containing dog or cat fur; d. The provisions of F.S. § 828.125 governing the killing or aggravated abuse of registered horses and cattle; and e. The provisions of F.S. § 828.29 governing the transportation into the state, and offering for sale of, dogs and cats. (12) The County Attorney is authorized to seek injunctive relief against continued violations of such statutes if an investigation discloses probable cause to believe the violations are occurring and there is no criminal prosecution of the violations. The animal control officer shall have such other duties relating to the enforcement of this chapter as the Board of County Commissioners may from time to time provide. 11 (g) The animal control officer, in enforcing the provisions of this chapter and the statutes of the state pertaining to animals, may issue to the owner or keeper of an animal in violation of this chapter a citation containing a notice to pay a fine and/or appear in court or may make complaint to the State Attorney for the Sixteenth Judicial Circuit and to the circuit or county court in regard to any violations of this chapter. (h) No employee of the County or any contracted entity shall perform the duties of an animal control officer unless that person has been certified through the training program described in F.S. § 828.27(4)(a). This provision shall not preclude employees who are not certified from providing care for animals, maintenance of animal living areas or attending to other operational and administrative duties of the animal control and sheltering functions. SECTION 5 . Sec. 4-67, Monroe County Code is hereby amended to read as follows: Sec. 4 -67. - Animals at large prohibited; restraint of dangerous dogs; nuisances; confinement of female dogs and cats in heat; curbing dogs. (a) No owner or keeper of an animal other than a domestic cat shall willfully or negligently allow the animal to run at large on any public property or on any private property of another without permission of the property owner. Any animal under the close supervision of its owner or keeper or otherwise engaged in an organized animal exhibition, field trial, competition, legal sport or training for these activities, shall not be deemed to be an animal at large. It is unlawful for owners or keepers of a diseased animal, including a diseased cat, to allow the animal to run at large. (b) No owner or keeper of a dog declared by the animal control supervisor to be dangerous shall either willfully or negligently allow the dog to run at large or to fail to secure, restrain or confine the dog as ordered by the animal control supervisor or animal control officer pursuant to this chapter. (c) No animal owner or keeper shall permit, either willfully or negligently, the animal to be a nuisance. The owner or keeper of any animal for which the owner or keeper has been given notice that the animal constitutes a public nuisance shall take necessary precautions to abate the nuisance. At a minimum, the owner or keeper shall immediately confine the animal in such manner as is necessary to prevent the continuation of the nuisance. Within fourteen (14) days of receipt of notice that an animal constitutes a public nuisance, the owner or keeper shall permanently confine the animal, have the animal destroyed by euthanasia by a licensed veterinarian or remove the animal from the County, whichever may be necessary to the abatement of the nuisance. Failure to abate the nuisance as required herein shall be deemed the maintaining of a public nuisance in violation of this chapter. 12 (d) No owner or keeper shall permit a female dog or cat in heat (estrus) to be upon the streets or in any public place. The owner or keeper of a female dog or cat in heat shall confine the animal so as to make it inaccessible to any male dog or cat except for controlled and intentional breeding purposes. Maintaining direct control or confinement within a fence, open kennel, open cage or run may be, but shall not be presumed to be, insufficient and not in compliance with this section, unless other measures have been instituted to prevent uncontrolled breeding. (e) The following regulations shall apply: (1) No dog owner or keeper shall allow an unleashed dog upon any school grounds. (2) No dog owner or keeper shall, either willfully or negligently, permit the dog to defecate upon any public property, except where designated by official signage, or on private property without the permission of the owner. A dog owner or keeper is required to remove the dog's feces from any public property or school grounds or any private property upon which the dog is not permitted to defecate. A person having custody or control of an animal on property other than his own shall be equipped to collect and shall collect such animal's solid waste when eliminated. (3) Except for animals that assist disabled persons, domestic animals are prohibited from all County parks and beaches unless permitted in this Code. No person may cause or allow any domestic animal (of whatever size) other than an animal that assists a disabled person to be brought to, or remain on, any County park or beach, with the exceptions of parks and beaches specified in subsection (e)(4) of this section. (4) Pets are permitted to be taken to County Parks as set forth in Sec. 18.27(1), subject to pet - friendly park restrictions specified therein. (5) Except for animals that assist disabled persons, and animals that play a work - related role, domestic animals are prohibited from all County facilities except where specifically allowed by other sections of this Code or by resolution of the Board. (6) If this subsection (e) is violated, the Department is authorized to remove the animal or, in its discretion, to order the owner or keeper to do so. (7) An owner or keeper of any animal shall immediately remove any excrement deposited by the animal on any property other than that of the owner, whether the animal is lawfully or unlawfully on the property. Failure to do so immediately shall constitute an additional violation of this section. 13 SECTION 6 . Sec. 4-75, Monroe County Code shall be amended to read as follows: Sec. 4 -75. - Confinement of dangerous dogs; authority to designate a dog as dangerous; confiscation; hearing and appeal procedures. (a) Upon receipt of a notarized sworn affidavit, the animal control supervisor shall investigate whether a dog is dangerous. An individual desiring to have a dog designated as dangerous shall attest in a notarized sworn affidavit to the incident giving rise to the request and shall submit the affidavit to the animal control supervisor within thirty (30) days of the incident. The animal control supervisor will, if possible, interview the owner or keeper of the dog under investigation before designating the dog as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded by the animal control supervisor, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of the hearings related to the dangerous dog classification. The animal control supervisor shall require, at a minimum that: (1) No dangerous dog may be kept on an unenclosed porch, patio or in any part of a house or structure that would allow the animal to exit such building or enclosure on its own volition, nor shall such animal be kept in a house or structure where window screens or screen doors are the only obstacle preventing the animal from exiting the structure; and (2) All owners, keepers or harborers of dangerous dogs shall display in a prominent place on their premises a sign, easily readable by the public from adjoining public roads or streets, using such words as "Beware of Dangerous Dog" or other appropriate warning language, along with a similar sign that shall be posted on the kennel or pen of such animal. (3) Additional regulations shall be met as set forth in Section 4 -81(t) upon final determination of a dog as dangerous by the animal control supervisor or administrative hearing process. (b) If the animal control supervisor finds that there is sufficient cause to designate a dog as dangerous, written notification of that determination and all the facts known to him shall be delivered to the responsible party by registered mail, certified hand delivery, or service of process in conformance with Chapter 48, Florida Statutes. The notice shall inform the owner or keeper that the determination and any related fines may be appealed by providing, within seven (7) calendar days of receipt of the written notification, a written request for an administrative hearing; the request shall be delivered to the address provided on the written notice. If a request for a hearing is received more than seven (7) calendar days from the receipt of the written notification, the hearing officer shall be 14 precluded from exercising jurisdiction, and the appeal shall be dismissed as untimely. Persons that seek an administrative hearing shall be responsible for all cost incurred and shall pay the cost for the administrative hearing officer before said hearing will be scheduled. (c) Appeal procedure. Upon receipt of a timely written request for an administrative hearing, the animal control supervisor shall schedule an administrative hearing to be held not later than twenty -one (21) calendar days, and not sooner than five (5) days, after receipt of the written request. Determinations of dangerousness and fines based on the same incident shall be heard at the same administrative hearing. No person aggrieved by a determination to designate a dog as dangerous may appeal to the Court for relief unless he has first exhausted the remedies provided for herein and taken all available steps provided in this section. While an appeal is pending, the determination shall be stayed, provided, however, that pending resolution of the appeal, the owner or keeper shall confine the dog as set forth by the animal control supervisor. If the animal control supervisor has confiscated the dog, the owner or keeper shall be responsible for payment of all boarding cost and other fees as may be required to humanely and safely keep the dog during an appeal. (d) No owner or keeper shall permit a dog deemed dangerous, to be in noncompliance with the animal control supervisor's written order or any requirement of this chapter. Failure to comply constitutes a violation of this chapter and subjects the owner or keeper to the penalties of this chapter and subjects the dog to seizure as provided in this chapter. (e) Any owner, keeper or harborer of dangerous dogs, within ten (10) days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed dangerous, shall provide proof to the animal control supervisor and to any person claiming to have been injured by the animal that the owner has notified in writing, proof of service required, the insurer of the premises where the animal is kept. (f) All owners, keepers or harborers of dangerous dogs, within ten (10) days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed dangerous, shall provide the animal control supervisor with two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal. (g) All owners, keepers or harborers of dangerous dogs must, within three (3) days of the following incidents, report the following in writing to an animal control supervisor: (1) The removal from the County or death of a dangerous dog; (2) The new address of a dangerous dog, if the owner moves within the County limits; and (3) The animal is on the loose, has been stolen or has attacked or bitten a person or animal. 15 (h) A dog that bites any person or domestic animal may be quarantined, as provided by F.S. § 767.13, or section 4 -44 of the Monroe County Code. No dog may bite or attack a person or an animal, and may be determined to be dangerous unless the bite or attack occurs in circumstances that exempt an animal from the definitions of dangerous under this chapter. SECTION 7 . Section 4 -81(t) shall be amended to read as follows: (t) Dangerous dog care. Every dangerous dog shall be: (1) confined by its owner within a building or secure enclosure. A clearly visible warning sign informing the public of the presence of a dangerous dog on the property shall be posted; (2) securely muzzled or caged whenever off the premises of its owner; (3) vaccinated in accordance with Section 4 -64 of this chapter; (4) sterilized; and (5) implanted with a microchip. The microchip shall be registered by the owner with the national registry applicable to the microchip, and the microchip number and other identifying information must be provided to the animal control supervisor. SECTION S. 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 9. 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 10. 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 uniform numbering system of the Code. 16 SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect 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 20th day of October 2010. Mayor Sylvia Murphy Yes Mayor Pro Tem Heather Carruthers Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes Commissioner Mario Di Gennaro Yes (SEAL) Attest: DANNY L. KOLHAGE, Clerk B y -aaLjC- , tl 4a"ckb� ' Deputy Clerk o r cj C\j 0 ter _. ,Y c; Q G LL! BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor /Chairperson 17 M. 0NR0E C 0 IJ N T Y A _ ,.. _. APP 0 AS TO FORM: Od a - CHRISTINE MI. E..INIBERT- BA,FiHC74`JS ASSIS� T' G0UNTY AX10F N Date -b' � 1 % t7 CHARLIE CRIST Governor DAWN K. ROBERTS Interim Secretary of State November 22, 2010 Honorable Danny L. Kolhage N o Clerk of Circuit Court -: Monroe County a 500 Whitehead Street, Suite 101 = �' 0 Key West, Florida 33040 ; o Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters dated November 16, 2010, and certified copies of Monroe County Ordinance Nos. 030 -2010 through 034 -2010, which were filed in this office on November 19, 2010. Sincerely, 614 �c U " Liz Cloud Program Administrator LC /srd DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 850.245.6600 • FAX: 850.245.6282 . TDD: 850.922.4085 • http: / /dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete "A. Signature OF STATE item 4 if Restricted Delivery Is desired. X® 0 AgentEPT. 0 Addressee . • Print your name and address on the reverse so that we can return the card to you. B. Received b.v PfrriOwne) C. Date of Delivery • Attach this card to the back of the mailpiece, tjv 1 or on the front If space permits. D. Is delivery address different from Rem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No -J ?rogram Administrator Administrative Code and Weekly ; • -i,A. Gray Building 4 : 00 South Bronough Street 3. Se ceType 32399_0250 .,Ilahassee, Florida Certified Mail ❑Express Mail 0 Registered ❑Return Receipt for Merchandise • ❑Insured Mall ❑C.O.D. • re Fee) ❑Yes 4, Restricted Delivery?(Ed - ' 2, Article Nu•mber;. I . I i 7 010 10 0 opal; 0 2 44 77 5 41 . (Transfer from service label) - Domestic Return Receipt • 102595.02-M-1540 PS Form 3811,February 2004 ._ - U.S. Postal Service. u.s. Postal ServieeTM CERTIFIED MAILTM RECEIPT CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) (Domestic Mail Only;No Insurance Coverage.,Provided) N For delivery information visit our website at www.usps.comm f- For delive information visit our website at www.usps.comm AW E ( ' • � FFICE[ 1 � $ , 1 O Postage.. d r�� J - :1 Slit C� r I Postage $ \ ( I r•J 10 s.O Certified Fee .7C 0 . 7 i '' k� Co Certified Fee �7 o l� Postmark -A. [,�� O Certified Receipt Fee ` Here O Postmsrfi',N rm (Endorsement Required).: 2 30 FM Rsem t Required) J ;; p (Endorsement Re wired !� Here"-; ClRestricted Delivery Fee. S' O Q' (A (Endorsement Required) P S ' Restricted Delivery Fee p_ (Endorsement Required) CiY 1 ``_ �, � i„D Total Postage&Fees f ...0 : Cd 7 !!!I 1 o sent We 1?-. , R. q. Box 2230. ; ,q . R.A. Gray Building- o• Street,Al3r-i:,a154%s§e, P 3231�223N ID Sheer,,�p��Io or• PO Box'�o' or POBti�lAlo. 0ut11 Bronough Street tti city,State,ZIP+4 1 city,stat l na-sselr,'f^'horrda."3 99'O256- • PS Form 3800,August 2006 See Reverse for Instructions 'PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • - • Complete items 1,2,and 3.Also complete A. Signature • item 4 if Restricted Delivery Is desired. / I Agent • • Print your name and address on the reverse X4.A f 1 09• ..,a, /I 'Lj Addressee - so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • • Attach this card to the back of the mailpiece, P or on the front if space permits. - i I' a' — C. l N I i • D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No • Municipal Code Corporation P. O. Box 2235 . • Tallahassee, FL 32316-2235 3. 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Z5 E I ;E (D zc z CO .0 49 wa) \f# 0 (L) —,o - 0 1 0 CL >. C(j >.9 > 0 U) C* z 0 0 e da)co 00 0 C , LD 2! 15 - CD Cl- > >, is C. LU —cE=c 0 w - co �5 3 'D - 00) c: s (r , 5 05. osc w :1- vi a) (D E M z ca 0 E, cis £a} r- - c,.O C 0 see% 0 CC �g Ccf) -OF--O, $ / per 0) 4) . cn m o 2 � a - o. 0 T Z- C w im t 16 -L' 0 a a , -0 R :3 E E 11) ID 0 a> cc 2 C. 0 0 0 Z > LL - 0 T c 0 2? Ctl a) LL cn CD EL Ji 3 r 7 0244 7747 fA ca CD MONROE COUNTY COURTHOUSE BRANCH OFFICE: 500 WFIITEHEID STREET,SUITE 101 rSbcouNryc PLANTATION KEY KEY WEST,FLORIDA 33040 c°J s` CU1p`F'%,per, GOVERNMENT CENTER TEL. (305)294-4641 * ,7r•� # 88820 OVERSEAS HIGHWAY FAX (305)295-3663 •. ,91 I v PLANTATION KEY,FLORIDA 33070 ROF••.....F�o� TEL. (305)852-7145 BRANCH OFFICE: FAX(305)852-7146 MARATHON SUB COURTHOUSE - 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON,FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD TEL. (305)289-6027 PLANTATION KEY,FLORIDA 33070 FAX(305)289-1745 WWW,Clerk-Of-the-Court.com TEL. (305)852-7145 FAX(305)853-7440.,. . November 16, 2010 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building - 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7010 1670 0001 0244 7754 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 030-2010 amending Sections 4-1,4-3,4-37, 4-38, 4-67 and 4-75, of the Monroe County Code; Providing for the authority to designate dog as dangerous; Providing for confiscation; Providing for an appeal procedure and providing for additional restrictions relating to dangerous dogs; 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. This Ordinance-was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on October 20, 2010. Please file for the record. Should you have any questions please feel free to contact me at(305) 295-3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Isabel C. DeSantis, D.C. cc: Municipal Code Corporation Via Certified Mail 7010 1670 0001 0244 7747 BOCC Public Works via email CountyAttorney via e-mail File v<