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Resolution 141-2022RESOLUTION NO. 141-2022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING AGENTS OF ANIMAL CONTROL CONTRACTORS TO ENFORCE CHAPTER 4, MONROE COUNTY CODE, AND CHAPTER 828, FLORIDA STATUTES, AND TO ISSUE CITATIONS FOR VIOLATIONS OF THE MONROE COUNTY CODE, INCLUDING REQUIRING APPEARANCE FOR DISPOSITION IN COUNTY COURT. WHEREAS, Florida Statutes Section 828.03 provides that agents of any society or association for the prevention of cruelty to animals may appoint agents for the purpose of investigating violations of Chapter 828, F.S., or any other law of the state for the purpose of protecting animals or preventing any act of cruelty thereto; and WHEREAS, Monroe County Code Section 4-37(b) provides that Animal Control Agents of corporations and associations contracting with Monroe County may be authorized by the Board of County Commissioners to investigate violations of Chapter 828, Florida Statutes, and of Chapter 4, Monroe County Code; and WHEREAS, Section 4-38, M.C.C., authorizes animal control agents to enforce the provisions of Chapter 4 of the Code and Chapter 828 of the Florida Statutes, including issuance of citations for fines and/or requiring appearance in court; and WHEREAS, Section 828.073, F. S., authorizes any law enforcement officer or any agent of any county or any society or association for the prevention of cruelty to animals to take custody of any animal "found neglected or cruelly treated" or to order the owner to provide certain care to the animal, and then to petition the county court judge for a hearing, with no fee to be charged for filing the petition; and WHEREAS, Section 828.073(5), F.S., provides for the Court to consider the testimony of the agent or officer who seized the animal and other witnesses as to the condition of the animal; and WHEREAS, said Section 4-37(b), M.C.C., requires the appointments to be approved by a county or circuit courtjudge, in compliance with Section 828.03(2), F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 1. That the following animal control officer is authorized to investigate any violations of Chapter 4, Monroe County Code and Chapter 828, Florida Statutes, to issue citations for violations of said chapters, or to require appearance in court, and to present testimony for disposition of any such violation in county court: Conni Lacqua 2. That this Resolution shall be forwarded to the Chief Judge of the Circuit Court for assignment to a judge to review for approval the appointment designated herein. That the Mayor of Monroe County is authorized to execute a certificate of appointment.for the agent designated herein. 4. That this Resolution shall take effect upon its approval the date written below. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said board held on the 18th day of May, 2022. Mayor David Rice Yes Mayor Pro Tern Craig Cates Yes Commissioner Michelle Coldiron Yes Commissioner James K. Scholl Yes Commissioner Holly Merrill Raschein Yes ATTEST: Kevin Madok, Clerk By: e� J rM � �-M s Deputy er c Approved for form and legal sufficiency by County Attorney's Office (� Digitally signed by James D. James D. .'Molenaar M o l e n a a r r _Date: 2022.05.25 10:31:45 04'00' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: May Chairman _-. �, - MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPOINTMENT PRESENTED TO Conni Lacqua IS HEREBY AUTHORIZE, PURSUANT TO SECTION 828.03, FLORIDA STATUTES, AND SECTION 4-37(B), MONROE COUNTY CODE, TO INVESTIGATE ANY VIOLATIONS OF CHAPTER 4, MONROE COUNTY CODE, AND CHAPTER 828, FLORIDA STATUTES, TO ISSUE CITATIONS FOR VIOLATIONS OF SAID CHAPTERS, OR TO APPEAR IN COURT AND TO PRESENT TESTIMONY FOR DISPOSITION OF ANY SUCH VIOLATION IN COUNTY COURT. N THIS 18th DAY OF May, 2022 MAYOR, MONROE COUNTY Approved by: J a , County/ ircuit Court 16th Judicial Circuit Monroe County State of Florida Date/