Ordinance 005-1988
John C, Stormont
Commissioner, District 5
ORDINANCE NO. 005-1988
AN ORDINANCE RELATING TO CONTROL OF ANIMALS
WITHIN MONROE COUNTY; REPEALING CERTAIN
ORDINANCES CURRENTLY IN FORCE; PROVIDING THE
AUTHORITY AND PURPOSE OF THE ORDINANCE;
PROVIDING DEFINITIONS; PROVIDING FOR THE
CONSTRUCTION AND MAINTENANCE OF ANIMAL POUNDS
AND FEES FOR IMPOUNDED ANIMALS; REQUIRING THE
VACCINATION OF DOGS AND CATS; REQUIRING THE
LICENSING OF DOGS AND CATS; PROVIDING FOR
LICENSE FEES: PROVIDING FOR COLLECTION AND
USE OF REVENUES IN CONNECTION WITH LICENSING;
PROVIDING CERTAIN DISCOUNTS FOR LICENSING;
PROHIBITING ANIMALS AT LARGE FROM PUBLIC AND
PRIVATE PROPERTY; PROVIDING FOR CONTROL OF
FIERCE, DANGEROUS AND VICIOUS ANIMALS;
PROHIBITING ANIMALS WHICH CONSTITUTE NUI-
SANCES; PROVIDING FOR CONFINEMENT OF FEMALE
DOGS AND CATS IN HEAT; PROVIDING FOR CURBING
OF DOGS; PROVIDING FOR DISPOSAL OF IMPOUNDED
ANIMALS AND ANIMALS WHICH CONSTITUTE A
NUISANCE; REQUIRING CONFINEMENT OF FIERCE,
DANGEROUS AND VICIOUS ANIMALS; PROVIDING FOR
SEIZURE OF ANIMALS BY PRIVATE PROPERTY OWNERS
AND TENANTS; PROVIDING FOR IMPOUNDMENT AND
DISPOSAL OF ANIMALS DELIVERED TO THE DEPART-
MENT OF ANIMAL CONTROL; PROHIBITING LURING,
ENTICING, SEIZING, MOLESTING OR TEASING
ANIMALS; PROVIDING FOR ENFORCEMENT OF THE
ORDINANCE; PROVIDING FOR FINES FOR VIOLATION
OF THE ORDINANCE; PROHIBITING INTERFERENCE
WITH THE ENFORCEMENT OF THIS ORDINANCE;
PROVIDING FOR QUARANTINE OF CERTAIN ANIMALS;
PROVIDING FOR IMPOUNDMENT AND TREATMENT OF
SICK AND INJURED ANIMALS; PROVIDING FOR
DISPOSAL OF DEAD ANIMALS; PROVIDING FOR
DISPOSITION OF UNREDEEMED DOGS; RESTRICTING
NUMBER OF CATS AND DOGS; EXCEPTING APPLICA-
TION OF LICENSING FOR GREYHOUNDS AND OTHER
DOGS; PROHIBITING LIVESTOCK IN CERTAIN ZONES;
PROVIDING FOR RULES AND REGULATIONS UNDER THE
ORDINANCE; PROVIDING FOR CONSTRUCTION OF
ORDINANCE PROVISIONS; PROVIDING FOR AREA OF
ENFORCEMENT; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH TO THE EXTENT OF
OF SAID CONFLICT; PROVIDING FOR INCLUSION IN
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Monroe County Ordinances Nos. 22-1979,
2-1983, 11-1984 and 6-1984, all of which are codified as Articles
I and II of Chapter 3 of the Code of Monroe County, are repealed.
Section 2.
SHORT TITLE; AUTHORITY & PURPOSE OF
PROVISIONS,
This ordinance shall be referred to as the "Monroe County
Animal Control Ordinance" and is enacted under the powers of the
Board of County Commissioners to regulate animals and animal
owners and keepers in the interest of the health, safety and
welfare of the citizens of Monroe County.
Section 3. DEFINITIONS.
A. "ANIMAL" means any living dumb creature.
B. "ANIMAL AT LARGE" means any animal, other than a cat,
which is not under the control, custody, charge or possession of
the owner or other responsible person in attendance, by leash,
chain, effective voice command (not more than 20 feet), a tether
(no less than 10 feet), secure fence or other means of confine-
ment or restraint.
C. "BOARD" means the Board of County Commissioners of
Monroe County.
D. "COMMERCIAL KENNEL OR CATTERY" means a facility which
offers the services of a kennel or cattery for a profit.
E. "CHARGING INSTRUMENT" means a writing or document that
recites the mode of committing an offense.
F, "DANGEROUS ANIMAL" means any animal which has attacked
without provocation a person or another animal, or which has been
trained to attack on command.
G. "DEPARTMENT MANAGER" means the Animal Control Supervi-
sor authorized by this ordinance.
H. "EFFECTIVE VOICE COMMAND" means voice control within 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 ordinance.
I. "FIERCE ANIMAL" means any animal not dangerous or
vicious but which frequently shows aggressive tendencies.
J. "KEEPER" means any person or corporation possessing or
having custody of an animal,
K. "KENNEL or CATTERY" means a facility other than a
veterinarian hospital or facility which provides service to
owners of animals, including but not limited to the following:
boarding, care and grooming, breeding, stud services or sales of
offspring or adult animals.
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L. "LEASH" means a cord, strap or other like apparatus
that is attached to an animal in an effort to control the move-
ment of the animal by the holder thereof.
M. "LICENSE CERTIFICATE" means a Rabies Vaccination and
license certification issued pursuant to this ordinance.
N. "LICENSE TAG" means a Rabies Vaccination and License
Tag issued pursuant to this ordinance.
O. "LICENSED VETERINARIAN" means a veterinarian licensed
to practice in the State of Florida.
P. "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 veter-
inarian licensed in any state.
Q. "NOTICE" means a notice to appear, unless the context
of the ordinance requires a different definition.
R. "NUISANCE" means the following:
1. An animal that habitually barks, howls, cries, screams
or makes other bothersome noises anytime of day or night; or
2. Any animal that, by its conduct or behavior, including
but not limited to, habitual or repeated destruction, desecration
or soiling of any public or private property, habitual chasing of
persons, cars, other vehicles or running at large, causes a
disturbance to the peace or causes injury or threat of injury to
persons or property.
S. "OWNER" means any person or corporation owning an
animal or any person who fees or shelters an animal or permits it
to remain on the person's property for thirty (30) days or more.
T. "SPORTING KENNEL or CATTERY" means a facility which
offers no services for profit, which maintains animals solely for
the owner's sporting or hobby purposes, and which sells offspring
and adult animals only on an occasional basis. "Occasional
basis" means animal sales of a frequency of no greater than one
litter per fertile female per year.
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U. "ANIMAL CONTROL OFFICER" means any person employed or
appointed by the County 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 F.S.
828.27. An animal control officer is not authorized to bear arms
or make arrests. "Officer" additionally means any law enforce-
ment officer defined in F.S. 943.10, and any veterinarian defined
in F.S. 474.202,
V. "TETHER" means a rope or chain fastened to an animal
and a stationery object(s) to keep said animal within a certain
boundary.
W. "VICIOUS ANIMAL" means any animal which has made two or
more unprovoked attacks on persons or animals, or an animal which
has inflicted serious bodily harm on a person.
X. "QUARANTINE" means strict confinement by leash, closed
cage, paddock, or in any other manner, and in a place as approved
by the County Health Officer of all animals specified in the
order.
y, "DOMESTICATED ANIMAL" means any species of animal
accustomed to living in or about the habitation of man and is
dependent upon man for food and shelter, including dogs, cats,
swine, cattle, horses, sheep and goats.
Z. "WILD ANIMALS" means those species of animals that are
not included in the definition of "domesticated animal".
Section 4.
CONSTRUCTION; MAINTENANCE OF POUND;
PURPOSES; FEES FOR IMPOUNDED
ANIMALS.
1. The Board may purchase, lease or construct, and may
operate and maintain County pounds or sub-pounds to retain
animals at large, any fierce, vicious or dangerous animals not
properly secured or restrained by the owner or keeper, animals
that are nuisances, animals having or believed to have rabies or
other infectious or contagious diseases, dogs not licensed and
inoculated as required by this ordinance, or any animal otherwise
in violation of this ordinance.
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2. The Board may charge reasonable fees for impounding
animals under this ordinance. The owners or keepers of impounded
animals shall pay the fees and execute a sworn statement of
ownership or responsibility as a condition precedent to release
of an impounded animal. Fees collected shall be deposited in the
General Revenue Fund of the County, and all expenses of adminis-
tering this ordinance shall be paid from that fund. The Board
shall promulgate by resolution all charges to be paid under this
ordinance.
3. Notwithstanding the above subsection, a dog which is
not inoculated against rabies or which is not licensed shall not
be released from a County pound until provisions have been made
to properly inoculate and license the animal.
Section 5. ANIMAL CONTROL DEPARTMENT MANAGER;
APPOINTMENT; DUTIES.
1. The Board or its Administrator is authorized to appoint
or designate a suitable person to serve as Animal Control Super-
visor, hereinafter called "the Department Manager," to carry out
the purposes of this ordinance. The Board shall pay the Depart-
ment Manager such compensation as the Board deems proper.
2. The Department Manager and his authorized animal
control officers may catch, seize or pick up:
A. Any stray animal;
B. Any animal at large;
C. Any fierce, vicious or dangerous animal
not properly restrained or secured by the owner or
keeper;
D. Any animal carrying or believed to be
carrying rabies or other infectious or contagious
diseases;
E. Any animal that is a nuisance;
F. Any dog not licensed and inoculated as
required by this ordinance.
G. Any sick or injured animal for which the
owner or keeper cannot be found after reasonable
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effort to do so, or for which the owner or keeper
is unable or unwilling to provide proper care;
H. Any other animal authorized by this
ordinance to be impounded, caught, seized or
picked up.
The Department Manager or his officers
or assistants shall impound or otherwise dispose
of such animals as provided under this ordinance.
3. The Department Manager or his authorized officers or
assistants shall investigate complaints or actions allegedly in
violation of this ordinance and shall issue citations demanding
that the violations cease or be corrected.
Those animal control officers authorized to issue citations
pursuant to Sections 828,27(1)(b) and 828.27(1)(f), Florida
Statutes, have authority under this ordinance.
4. Pursuant to law, the Department Manager and his au-
thorized assistants may enter public or unfenced private property
within the County, except residential buildings, to carry out the
duties imposed by this ordinance.
5. The Department Manager may declare an animal to be a
"fierce animal," "dangerous animal" or "vicious animal" as
defined by Section 3 of this ordinance, and may order the owner
of such animal to secure, restrain and confine it in a reasonable
manner specified by the Department Manager.
Section 6. VACCINATION OF DOGS.
1, Any resident person who owns or keeps a dog or cat six
(6) months old or older shall cause the dog or cat to be vacci-
nated effectively against rabies by a licensed veterinarian.
Evidence of vaccination shall consist of a "Rabies Vaccination
Certificate" signed by the veterinarian administering the vac-
cination or a "County Rabies Vaccination Tag" attached to the
animal's collar. No other vaccination certificate or tag shall
be valid in Monroe County. A license certificate and license tag
issued for one animal is only valid for the animal licensed and
is not transferable,
2. Any non-resident who brings a dog six (6) months of age
or older into Monroe County with intent to reside within the
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County permanently, or temporarily for a minimum of six (6)
months, shall obtain a license certificate and a license tag from
the Department Manager or a licensed veterinarian within thirty
(30) days of arrival. The owner must prove ownership of the
animal.
3. Vaccination is excused only if the owner or keeper can
prove that the dog or cat has been vaccinated against rabies
within the past six (6) months by a veterinarian licensed to
practice in any state, or if a licensed veterinarian certifies in
writing that a vaccination would be injurious to the animal's
health. In the latter case, the animal shall be kept in an
enclosed building or kennel until the veterinarian can safely
vaccinate the animal.
Section 7. LICENSING OF DOGS.
1. Any person who owns or keeps in Monroe County a dog six
(6) months of age or older shall cause the animal to be licensed
annually. A license shall consist of a "Rabies Vaccination and
License Certificate" and a "Rabies Vaccination and License Tag"
for the animal's collar. License certificates and license tags
may be issued only by the Department Manager and licensed veter-
inarians and shall be valid for one (1) year. No other license
certificate or license tag shall be valid in Monroe County. A
license certificate and license tag issued for one animal is only
valid for the animal licensed and is not transferable.
2. The Department Manager shall design the license certif-
icate and license tag and shall issue license certificates and
license tags to licensed veterinarians. The Department Manager
shall promulgate reasonable rules and regulations for collection
of license fees and shall account annually to the Board for
revenues received.
3. The Board shall establish by resolution the fees to be
charged for the license certificate and license tag.
4. Monroe County residents who own either a seeing eye dog
or a hearing dog, properly trained and actually being used to
assist a blind person or a deaf person respectively, may obtain
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from the Department Manager licenses at no charge upon presenta-
tion of proof of such utilization.
5. By resolution, the Board may provide regulations for
kennels and catteries, including provisions for registration,
revocation of registration, discounted animal license fees,
exemption from license tag requirements, methods of confinement,
inspections, and other necessary requirements.
6. The Board may, by resolution, authorize veterinarians to
retain a specified portion of the license fee for each license
issued as reimbursement for the cost of issuing the license,
7. In the event a license tag is lost or destroyed, a
replacement shall be issued by the Department Manager or licensed
veterinarian upon presentation of the corresponding license
certificate and payment of the appropriate fee.
8. It is unlawful for any person to remove the license tag of
any licensed animal within Monroe County except:
A. When the animal is participating in any
organized exhibition, field trial or competition
or is in training for these events, or is engaged
in a legal sport under supervision of its owner or
keeper, or is undergoing grooming; or
B. When the dog is confined in a licensed
kennel, grooming facility, veterinary hospital,
or County pound facility, in which case the
license tag number shall be recorded and readily
identifiable with the animal to which it belongs;
if the animal is not licensed, the facility shall
clearly indicate it on the facility's records; or
C. When a licensed veterinarian orders in
writing that the license tag and collar be removed
for reasons of the animal's health, in which case
the animal shall be confined within an enclosed
building or kennel at all times until the
veterinarian permits the collar and tags again to
be placed on the animal.
D. When the animal is being voluntarily
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confined within an inclosed building or kennel.
9. Persons newly residing in Monroe County shall comply with
the licensing provisions of this section within thirty (30) days
of change of residence.
10. It is unlawful for any person to use or to possess a
stolen, counterfeit or forged license certificate or license tag,
vaccination certificate, inoculation deferrent form or other
documentation required by or issued pursuant to this ordinance.
11. It is unlawful for the owner or keeper of a dog to
refuse to show upon demand by the Department Manager or his
authorized assistants the license certificate or license tag or
other documents required by and issued pursuant to this ordi-
nance.
Section 8. ANIMALS AT LARGE PROHIBITED; RE-
STRAINT OF FIERCE, DANGEROUS,
VICIOUS ANIMALS; NUISANCES;
CONFINEMENT OF FEMALE DOGS AND CATS
IN HEAT; "CURBING" DOGS.
1. It is unlawful for any owner or keeper of an animal
other than a domestic cat willfully or negligently to 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.
2. It is unlawful for the owner or keeper of an animal
declared by the Department Manager to be fierce, vicious or
dangerous either willfully or negligently to allow the animal to
run at large or to fail to secure, restrain or confine the animal
as ordered by the Department Manager pursuant to this ordinance.
3. It is unlawful for any animal owner or keeper to
permit, either willfully or negligently, the animal to be a
nuisance.
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4. It is unlawful for any owner or keeper to 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 breed-
ing purposes. Confinement solely by a leash, chain or other
similar restraint, or within a fence, open kennel, open cage or
run may be, but shall not be presumed to be, in compliance with
this section.
5. It is unlawful for a dog owner or keeper to permit the
dog, either willfully or negligently, to defecate upon:
A. Any public park or beach or school
ground, other than in an area designated for that
purpose; or
B. Any private property without the
permission of the property owner. Where this
subsection is violated, the owner or keeper shall
immediately remove any feces deposited by the dog.
Failure to do so immediately shall constitute an
additional violation of this section.
6. It is unlawful for any owner or keeper of an animal to
transport the animal in the rear of an open truck or other open
vehicle unless such animal is tethered in such a fashion that it
cannot fall from the vehicle.
7. It is unlawful for any owner or keeper to enclose any
animal in a vehicle without provision for adequate ventilation
for the animal.
Section 9. SEIZURE, DESTRUCTION OF ANIMALS
ADJUDGED NUISANCES; DISPOSAL OF
IMPOUNDED ANIMALS; COMPENSATION TO
OWNERS.
When a court of competent jurisdiction adjudges an animal a
nuisance under this ordinance or other law, the Department
Manager or authorized assistants may seize the animal and offer
it for adoption, or destroy it in a humane manner. The Depart-
ment Manager may likewise offer for adoption, destroy or
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otherwise dispose of any animal impounded pursuant to this
ordinance where:
1, No owner exists; or
2. An owner is not identified within five (5) working days
after attempts by the Department Manager to do so; or
3. An owner exists but cannot be contacted after reason-
able attempts by the Department Manager to do so for a reasonable
period of time; or
4. An owner has been contacted but has by his/her actions,
failure to act, or statements indicated an intent to abandon the
animal.
The Department Manager shall make every reasonable effort to
identify and notify owners or keepers of the impoundment of their
animal pursuant to this ordinance, and such efforts shall be made
for a reasonable period of time as determined by the Board by
resolution. However, where the Department Manager complies fully
and makes every reasonable effort based on the situation to
identify and notify such owners and keepers, and where such
efforts fail, resulting in the adoption or destruction or other
disposal of the animal, the Department Manager shall be deemed to
have complied fully with due process of law, and no owner or
keeper shall be entitled to any compensation for loss of the
animal.
Section 10.
CONFINEMENT OF FIERCE, DANGEROUS OR
VICIOUS ANIMALS.
Upon complaint, the Department Manager shall investigate
whether an animal is fierce, dangerous or vicious. If the
Department Manager finds that such animal is a fierce, dangerous
or vicious animal, he shall notify the owner or keeper in writ-
ing, stating all the facts known to him, and shall order the
owner or keeper to confine the animal to a substantial enclo-
sure, or to chain it securely to the owner's property, or other-
wise to control it in a reasonable manner specified by the
Department Manager. The owner or keeper shall immediately comply
with the Department Manager's written order; failure to comply
constitutes a violation of this ordinance and subjects the owner
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or keeper to the penalties herein and subjects the animal to
seizure under Section 5 above.
SEIZURE OF ANIMALS BY PROPERTY
OWNERS OR TENANTS; DELIVERY TO
DEPARTMENT MANAGER; IMPOUNDMENT &
DISPOSAL; STANDARD OF CARE TO BE
EXERCISED BY SEIZING PARTY.
The Board finds and declares that problems of animal over-
population in Monroe County require not only the resources of the
County's Animal Control Department, but also the aid and assis-
tance of private deputies. Therefore:
1. It is lawful for a property owner or tenant to seize in
a humane manner any dog, cat or other animal running at large on
his property in violation of Section 8 of this ordinance. Where
such seizure is made, the property owner or tenant shall immedi-
ately deliver the animal to the Department Manager or his assis-
tant. The property owner or tenant shall treat the animal
humanely and shall exercise utmost care to ensure the animal's
safety and well being.
2. The Department Manager may impound any animal delivered
by its owner, or by a property owner or tenant pursuant to the
above paragraph, and may release or dispose of the animal pursu-
ant to this ordinance.
3. Any person who seizes an animal pursuant to this
section shall exercise utmost care to treat the animal humanely
and to avoid any injury, sickness, hunger or any other ailment or
affliction whatsoever in both the seizure of the animal and the
delivery of the animal to the Department Manager, Any person
unable to comply with the foregoing for any reason shall not
seize and deliver any animal, and any person who does injure or
maim any animal or who does subject an animal to hunger, sick-
ness, or any other ailment or affliction, either intentionally or
negligently, in the exercise of the person's authority under this
section, is in violation of this ordinance and subject to the
penalties herein.
Section 11.
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LURING, ENTICING, SEIZING,
MOLESTING OR TEASING AN ANIMAL.
It is unlawful for any person to entice or lure any animal
out of an enclosure or off the property of its owner or keeper,
or to seize, molest or tease any animal while the animal is held
or controlled by its owner or keeper or while the animal is on
the property of its owner or keeper.
Section 13. ENFORCEMENT; FINES.
1, Violations Observed. Upon observing a violation of
this ordinance, the Department Manager or a sworn animal control
officer or any other law enforcement officer may either:
A. Issue a Warning Citation to the Owner or
keeper of the animal, provided the warning
citation states the date and time of issuance, the
name and address of the person cited, the nature
of the offense, a description of the animal
involved, and a demand that the offense be abated
within seventy-two (72) hours, and the person
cited shall abate the offense within seventy-two
(72) hours or the Department Manager or Animal
Control Officer shall without delay commence
prosecution of the offense pursuant to F.S., Section
Section 12.
828.27(1)(f); or
B. Commence prosecution of the offense
pursuant to F.S., Section 828.27(1)(f); or
C. Impound the animal which is the subject
of the violation and, commence prosecution of the
offense pursuant to F.S., Section 828.27(1)(f).
2. Complaints of Violations Not Observed, Upon receipt of
an Affidavit of Complaint signed by three or more competent
persons residing in separate dwellings, where all such Affidavits
are made 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 Department Manager
or a sworn animal control officer or other law enforcement
officer shall investigate the complaint to determine whether
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there is probable cause to believe a violation of the ordinance
has occurred. If probable cause exists, the Department Manager
or a sworn animal control officer shall commence prosecution of
the offense pursuant to F.S., Section 828.27(1)(f).
3. Upon conviction, any person violating this ordinance
shall be punished as provided by law. Each day during which the
violation continues shall be deemed a separate offense.
4. Schedule of Fines.
A. Violators of any provision of this chapter shall be
prosecuted in the County Court in the name of the State of
Florida by a prosecutorial officer thereof and upon
conviction shall be punishable by a fine of not less than
fifty dollars ($50.00) or not more than five
hundred dollars ($500.00) or by imprisonment in
the County Jail for not more than sixty (60) days,
or by both such fine and imprisonment. Said
violations shall be constituted second degree
misdemeanors under the provisions of Florida
Statutes, Chapters 775.082, 775.083 or 775.084.
B. Any person to whom a Notice to Appear
for violation of this ordinance is issued shall,
upon entry of judgment after execution of waiver
as provided for in Rule 3.125(1) of the Florida
Rules of Criminal Procedure, be sentenced to and
pay the fines and penalties.
C. The Board further intends that court
costs, surcharges and other special charges may be
deducted by the Clerk of the Circuit Court in the
same manner and amounts as provided for Class 1
Non-Criminal Violations.
Section 14.
SURRENDER OF ANIMAL TO DEPARTMENT
MANAGER; INTERFERENCE WITH
DEPARTMENT MANAGER IN PERFORMANCE
OF DUTY.
It is unlawful for any person to refuse to surrender an
animal upon lawful demand by the Department Manager or his
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authorized assistant. It is unlawful for any person to attempt
to take any animal from the custody of the Department Manager or
his assistant, to attempt to take any animal from a County pound
without permission of the Department Manager or his assistants in
the performance of their duties under this ordinance.
Section 15. QUARANTINE PROVISIONS; IMPOUNDMENT
& TREATMENT OF SICK & INJURED
ANIMALS; DISPOSAL OF DEAD ANI}~LS.
1. When a domesticated animal has bitten a person or
another animal, or is believed to have bitten a person or another
animal, or is suspected by the Department Manager to have rabies,
it shall be quarantined by a licensed veterinarian under the
supervision of the Department Manager, or the animal may be held
in quarantine at a County facility. The quarantine shall be for
a reasonable period of time, as determined by the Department
Manager.
2. The Department Manager may impound any animal believed
to be carrying an infectious or contagious disease, or any
injured animal, and may retain the services of a licensed veter-
inarian to treat it. The Department Manager may accept a sick or
injured animal upon delivery. When a sick or injured animal is
owned and the owner is identified, such owner shall be liable for
payment of veterinary expenses or reimbursement of the County's
expenses in treating the animal. At the discretion of the
Department Manager, a sick or injured animal may be destroyed or
otherwise disposed of, and its remains disposed of without
compensation to the owner or keeper, provided that the Department
Manager shall make reasonable effort to notify the owner or
keeper that the animal is impounded.
A dog or cat which is not inoculated against rabies or which
is not licensed shall not be released until provisions have been
made to inoculate and license the animal properly. The Depart-
ment Manager shall charge the owner the applicable fee for vac-
cination or licensing. When an impounded animal is not claimed
within a reasonable period of time, as determined by board
resolution, the Department Manager may transfer custody or
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ownership of the animal to a humane agency or a new owner, or may
destroy the animal and dispose of its remains. In either event,
the owner or keeper will not be entitled to compensation.
3, When an animal dies, the owner or keeper of the animal
shall dispose of the remains immediately. When the Department
Manager or his assistant discovers a dead animal, he shall notify
the owner or keeper, if known, and shall order the owner or
keeper to dispose of the remains immediately. If the party
notified fails to comply within twenty-four (24) hours, the
Department Manager shall cause the remains to be disposed of and
shall bill the animal owner or keeper, as appropriate, for the
costs of disposal. Such animal owner or keeper may further be
held in violation of this ordinance and punished as provided
herein. The Department Manager shall dispose of the remains of
an animal which has died on public property, but only where an
owner or keeper cannot be notified. Nothing in this section
shall be deemed to limit or contravene the provisions of Florida
Statutes 823.041.
4. Any wild animal that bites or otherwise exposes a human
to rabies shall be immediately killed and tested for rabies
unless the County Health Officer determines the circumstances
warrant an exception.
Section 16. IMPOUNDING, REDEEMING BY OWNER,
DISPOSITION OF UNREDEEMED DOGS.
1. Impoundment Authorized, Any dog found without a
current tag or any animal found in violation of this Ordinance
may be caught by an authorized County employee or an authorized
employee of the humane society authorized by the County or anyone
acting under its direction, and imprisoned and impounded at a
place maintained or designated for that purpose,
2. Disposal of Unredeemed Animals; Fees. After a period
of confinement of five (5) days, those animals not claimed may be
disposed of through approved humane agencies, or otherwise in an
humane manner. Animals shall be released to owners on presenta-
tion of proof of ownership and after proper inoculation, licens-
ing and payment of fees.
16
3. Adoption of Unclaimed Animals. The fee for the adop-
tion of an unclaimed animal shall be as adopted by the Board of
County Commissioners plus the cost required by Florida Statutes
to qualify the animal for adoption. (Ord. No. 22-1979, ~9; Ord.
No. 2-1983, ~2; Ord. No. 11-1984, ~l)
Section 17. NUMBER OF DOGS AND CATS RESTRICTED.
No person may keep more than four (4) domestic animals on
any premises, unless said animals are six (6) months or younger,
without operating a duly licensed kennel or pet shop. Any number
of birds may be kept as long as they are adequately and humanely
cared for (Ord. No. 22-1979, ~15, 9-18-79) and their noise does
not unreasonably intrude into the domain of other persons.
Section 18. KEEPING OF FOWL OR WILDLIFE.
The County shall not accept nor be responsible for the
keeping of any non-domesticated fowl or wildlife. (Ord. No.
2-1983, ~5)
Section 19, RACING GREYHOUNDS, AND OTHERS,
EXEMPT.
The vaccination and licensing provisions of this article
shall not apply to greyhounds kept, maintained or brought into
the County for the purpose of racing at licensed greyhound
tracks, or to dogs used as part of entertainment acts when
properly controlled, or when dogs remain in the County for a
period of less than thirty (30) days. (Ord. No. 22-1979, ~14,
9-19-79)
(Cross reference--Local laws regarding disposition of race
track monies, App. A, Art. X.)
Section 20. It is hereby authorized that the Board of County
Commissioners, by resolution, may contract with any private
non-governmental humane organization for the performance of
operation of animal shelter facilities and of this ordinance,
according to the provisions of Monroe County Code 2-9.
Section 21. RULES AND REGULATIONS.
The Board may enact reasonable rules and regulations to
implement and carry out the provisions of this ordinance, includ-
ing but not limited to, the right to regulate or exempt certain
17
animals from this ordinance, and the right to regulate the
numbers and types of animals and the conditions under which they
may be maintained in residentially zoned areas,
Section 22. ANIMALS.
No livestock, such as cows, goats, sheep or pigs, barnyard
animals such as chickens, ducks, or geese, shall be kept either
penned or loose in any zone where not otherwise permitted in
Monroe County. Animals considered wild shall not be kept in any
residential zone in Monroe County.
Section 23. CONSTRUCTION OF PROVISIONS.
The provisions of this ordinance shall be liberally con-
strued in order to effect the purposes of this ordinance.
Section 24. AREAS OF ENFORCEMENT.
Pursuant to Article VIII Section 1 of the Constitution of
the State of Florida, the Board may enforce this ordinance
throughout the unincorporated areas of Monroe County, and within
the incorporated areas of the County to the extent the ordinance
does not conflict with any municipal ordinance.
Section 25. SEVERABILITY.
If any section, subsection, sentence, clause or provision of
this Ordinance is held invalid, the remainder of this Ordinance
shall not be affected by such invalidity.
Section 26. REPEALING CONFLICTS.
All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of any such conflict.
Section 27. INCLUSION IN THE 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.
Section 28. EFFECTIVE DATE.
This ordinance shall take effect upon receipt of official
notice from the Office of the Secretary of State of the State of
Florida that this Ordinance has been filed with said Office.
18
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~ day of _.~1hU."~ ' A,D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:.e~, t-
V MA HAIRMAN
(SEAL)
Attest: DANNY L. KOL}{fJ..GE. Clerk
J2L~/JL
CLERK
f'Y
BL/jeh
19
,.
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, December 1, 1987 at 5:00 P.M, at the Plantation Key
Government Center, Plantation Key, Florida, on Tuesday, December
15, 1987 at 5:00 P.M. at Key Colony Beach City Hall, Key Colony
Beach, Florida, and on Tuesday, January 5, 1988 at 5:00 P.M. in
Courtroom "B", 500 Whitehead Street, Key West, Florida, the Board
of County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County Ordinance:
ORDINANCE NO.
-1987
AN ORDINANCE RELATING TO CONTROL OF ANIMALS
WITHIN MONROE COUNTY; REPEALING CERTAIN
ORDINANCES CURRENTLY IN FORCE; PROVIDING THE
AUTHORITY AND PURPOSE OF THE ORDINANCE;
PROVIDING DEFINITIONS; PROVIDING FOR THE
CONSTRUCTION AND MAINTENANCE OF ANIMAL POUNDS
AND FEES FOR IMPOUNDED ANIMALS; REQUIRING THE
VACCINATION OF DOGS AND CATS; REQUIRING THE
LICENSING OF DOGS AND CATS; PROVIDING FOR
LICENSE FEES: PROVIDING FOR COLLECTION AND
USE OF REVENUES IN CONNECTION WITH LICENSING;
PROVIDING CERTAIN DISCOUNTS FOR LICENSING;
PROHIBITING ANIMALS AT LARGE FROM PUBLIC AND
PRIVATE PROPERTY; PROVIDING FOR CONTROL OF
FIERCE, DANGEROUS AND VICIOUS ANIMALS;
PROHIBITING ANIMALS WHICH CONSTITUTE NUI-
SANCES; PROVIDING FOR CONFINEMENT OF FEMALE
DOGS AND CATS IN HEAT; PROVIDING FOR CURBING
OF DOGS; PROVIDING FOR DISPOSAL OF IMPOUNDED
ANIMALS AND ANIMALS WHICH CONSTITUTE A
NUISANCE; REQUIRING CONFINEMENT OF FIERCE,
DANGEROUS AND VICIOUS ANIMALS; PROVIDING FOR
SEIZURE OF ANIMALS BY PRIVATE PROPERTY OWNERS
AND TENANTS; PROVIDING FOR IMPOUNDMENT AND
DISPOSAL OF ANIMALS DELIVERED TO THE DEPART-
MENT OF ANIMAL CONTROL; PROHIBITING LURING,
ENTICING, SEIZING, MOLESTING OR TEASING
ANIMALS; PROVIDING FOR ENFORCEMENT OF THE
ORDINANCE; PROVIDING FOR FINES FOR VIOLATION
OF THE ORDINANCE; PROHIBITING INTERFERENCE
WITH THE ENFORCEMENT OF THIS ORDINANCE;
PROVIDING FOR QUARANTINE OF CERTAIN ANIMALS;
PROVIDING FOR IMPOUNDMENT AND TREATMENT OF
SICK AND INJURED ANIMALS; PROVIDING FOR
DISPOSAL OF DEAD ANIMALS; PROVIDING FOR
DISPOSITION OF UNREDEEMED DOGS; RESTRICTING
NUMBER OF CATS AND DOGS; EXCEPTING
APPLICATION OF LICENSING FOR GREYHOUNDS AND
OTHER DOGS; PROHIBITING LIVESTOCK IN CERTAIN
ZONES; PROVIDING FOR RULES AND REGULATIONS
UNDER THE ORDINANCE; PROVIDING FOR
CONSTRUCTION OF ORDINANCE PROVISIONS;
PROVIDING FOR AREA OF ENFORCEMENT; PROVIDING
FOR SEVERABILITY; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH TO
THE EXTENT OF OF SAID CONFLICT; PROVIDING FOR
INCLUSION IN 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.
Copies of the above-referenced Ordinance are available at
the various Monroe County libraries.
DATED at Key West, Florida, this 6th day of November, A.D.
1987,
DANNY L, KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
SSe
COUNTY OF MONROE)
Before the undersiged authority personally appeared.........
h.E. E:.lrri::Nr:
, who on oath says that he is ..........
Auverti3i::c !';ar:,.ger
of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida; that the
attached copy of advertisement, being a
lbG ;~.L ~:CTI(z
in the matter of
~~mQu~
qg ~ PDV-vfu
was published in said newspaper in the issues of
~OJ. tOtl0 {W-C. ~(\)\\qrl
Affiant further says that the said The Key West Citizen is
a newspaper published at Key West, in said Monroe County, Florida,
and that the said newspaper has heretofore been continuously pub-
lished in said Monroe County, Florida, each day (except Saturdays)
and has been entered as second class mail matter at the Post Office
in Key West, in said Monroe County, Florida, for a period of one
year next preceeding the first publication of the attached copy
of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement
for publication in the said newspaper.
(SEAL)
SWORN AND SUBSCRIBE~fore me
/~>>Ji7
this ~ day of ~.
COMMISSION EXPIRES:
19/;:
•
-OF ANIMALS DELIVERED TO
_ THE DEPARTMENT OF ANIMAL
CONTROL; r�DOKIBI I :�`
NOTICE OF INTENT I N LURING, ENTICING, SEIZING,
• TOCONSIDEOADNANCE MOLESTING OR TEASING
OF NOTICE IS HERE Y GIVEN ' ANIMALS; PROVIDING FOR
M IS HEREBY TOn ENFORCEMENT OF THE OR-
WHOM IT MAY CONCERN that on
Tuesday, December 1, 1987 at 5:00 , ' DINANCE; PROVIDING FOR
P.M. at the Plantation Key ' FINES FOR VIOLATION OF THE
Government Center, Plantation ORDINANCE; PROHIBITING
Key, Florida, on Tuesday, INTERFERENCE WITH ,THE
December 15, 1987 at 5:00 P.M. at , ENFORCEMENT OF THIS OR-
Key Colony Beach City Hall, Key DINANCE; PROVIDING FOR
Colony Beach, Florida, and on QUARANTINE OF CERTAIN ,
Tuesday, January,5, 1988 at 5:00 ANIMALS; PROVIDING FOR
- -- - --- P.M. in Courtroom "B", 500 • IMPOUNDMENT .AND TREAT-
Whitehead Street, Key West, ' MENT OF SICK AND INJURED
Florida, the Board of County ' ' ANIMALS; PROVIDING FOR ,
Commissioners of Monroe County, DISPOSAL OF DEAD ANIMALS;
Florida,. intends to consider the PROVIDING FOR DISPOSITION '
adoption of the following County OF UNREDEEMED DOGS;
Ordinance: RESTRICTING NUMBER OF CATS
ORDINANCE NO. -1987 AND DOGS; EXCEPTING AP-
AN ORDINANCE RELATING TO PLICATION OF LICENSING FOR
CONTROL OF ANIMALS WITHIN GREYHOUNDS
EYHOUNDSGS; PRODIBOITHER
MONROE COUNTY; REPEALING DLIVESTOCK IN CERTAIN ZONES;
CERIN ORDINANCES ' PROVIDING FOR RULES AND.
CURRENTLYPA IN � FORCE; REGULATIONS UNDER THE '
ANDNDVIDING THE AUTHORITY ORDINANCE; PROVIDING FOR
PURPOSE OF THE PROVIDINGOR- CONSTRUCTION OF ORDINANCE
DINANCE; O PROVISIONS; PROVIDING FOR
THE CONSTRUCTION AND HEINITIONS; PROVIDING AREA OF ENFORCEMENT;
TT , PROVIDING- - FOR__,
MAINENANCE OF ANIMAL • SEVERABILITY•; REPEALING
POUND
AND FEES FOR S ' � ALL ORDINANCES MR PARTS OF I
POUNDED ANfir�/4L5; i
REQUIRING THE VACCINATION ' ORDINANCES IN CONFLICT
OF DOGS AND CATS; REQUIRING , HEREWITH TO THE EXTENT OF
THE LICENSING OF DOGS AND SAID CONFLICT; PROVIDING
CATS; PROVIDING FOR LICENSE FOR INCLUSION IN THE
FEES: PROVIDING FOR • MONROE COUNTY CODE OF
COLLECTION AND USE OF ORDINANCES; AND PROVIDING
REVENUES IN CONNECTION 'WITH LICENSING; PROVIDING AN EFFECTIVE DATE.
CERTAIN DISCOUNTS FOR Pursuant to Section 286.0105,
LICENSING; PROHIBITING Florida Statutes,notice is given that
ANIMALS AT LARGE FROM if.a person decided to appeal any
PUBLIC AND PRIVATE decision made by the Board with
PROPERTY; PROVIDING FOR respect to any matter considered at
CONTROL OF FIERCE, such hearings or meetings, he will ;
DANGEROUS AND VICIOUS need a record of the proceedings, ,
ANIMALS; PROHIBITING' - - and that, for such purpose, he may ,-
ANIMALS WHICH CONSTITUTE need to ensure that a verbatim
NUISANCES; PROVIDING FOR record of the proceedings is made,
CONFINEMENT OF FEMALE which record includes the testimony
DOGS AND CATS IN HEAT; and evidence upon which the appeal
PROVIDING FOR CURBING OF is to be based.
DOGS; PROVIDING FOR Copiys of the above-referenced
DISPOSAL OF IMPOUNDED Ordinance are available at the
ANIMALS AND ANIMALS WHICH , various Monroe County libraries.
CONSTUTUTE A NUISANCE; DATED at Key West, Florida,this
REQUIRING CONFINEMENT OF 6th day of November,A.D.1987.
FIERCE, DANGEROUS AND DANNYL.KOLHAGE
VICIOUS ANIMALS; PROVIDING Clerk of the Circuit Court
FOR SEIZURE OF ANIMALS BY of Monroe County,Florida
PRIVATE PROPERTY OWNERS and ex officio Clerk of
A,FdD't'6NANTS; PROVIDING FOR the Board of County
IMPOUNDMENT AND DISPOSALCommissioners of
Monroe County,Florida
Nov.10,19,Dec.3,17,1987
_ PROOF OF PUBLICATION CrJ ��
I ' !iO4' k
• THE FLORIDA KEYS • KEYNOTER
Published Weekly
•
•
MARATHON, MONROE COUNTY, FLORIDA
•
STATE OF FLORIDA ) •
COUNTY OF MONROE )
Before the undersigned authority personally appeared CHARLOTTE' S I KO RA , who on oath, says
that he is SALES MANAGER •
of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a NOTICE OF INTENT TO CONSIDER O RID I N AN C E
IN THE MATTER OF TO CONTROL ANIMALS in the— —
Court,was published in said
newspaper in the issues of •
Nov. 1 8 , 2 5 , 1987 , Dec 2 , 1987. '.
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at Mara- NOTICE OF INTENTION •j
YpublishedTO CONSIDER ADOPTION
OF COUNTY ORDINANCE 1
•
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on Tuesday, December 1,
1987 at 5:00 P.M. at the Planta-
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second Lion Key Government Center,
Plantation• Kev, Florida on
Tuesday, December 15, 1487 at •
5:00 P.M. at Key Colony Beach
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one City Hall, Key Colony Beach,
Florida,and on Tuesday, Janu-
• ary 5,1988 et 5:00 P.M.In Court-
room B", 500 Whitehead
year next preceding the first publication of the attached copy of advertisement; and affiant further Street Key West Florida, the
Board of County'West,
of Monroe,
onsidertthe adoption ion of
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- the following County Ordinance:
ORDINANCE NO.-1987
mission of refund for the purpose of securing this advertisement for publication in the said newspaper. An ordinance relating to con-
trol of animals within Mon-
roe County;repealing certain
ordinances currently In
/ . force; providingurpo the autordi-
Iy and purpose of the ordi-
nance; providing definitions;_
pronioif ng'tmerterence`w�m providing for the construe-
/, lion and maintenance of ani-
mal_�� the enforcement of this ordi- mal pounds and fees for Im
nonce providing for quaran- pounded' animals; requiring
(SEAL) tine of certain animals; pro- the vaccination of dogs and
CHARLOTTE S I KO RA viding for impoundment and cats; requiring the licensing
/ treatment of sick and insured of dogs and cats; providing
animals; providing for din- for license fees:providing for
Pose! of dead animals; pro- collection and use of reve-
SWORN TO A % .UBSCRIBED BEFORE ME THIS 40!.. //1/._' _ viding for disposition of un- flues in connection with II- _ _
, redeemed dogs;_restricting tensing; Providing certain
numer of cats and dogs;-ex- discounts for licensing; pro-
DAY OF ., .� . I/r:ia♦ J A.D. •
Ingpforggreplication of licens-houndsendOther. Ftiblting animals at large
from public and private
, dogs;Prohibiting Livestock In property;providing for con-
certain zones; providing for trot of fierce,dangerous and
rules and regulations_under vicious animals; prohibiting
// - the ordinance; providing for animals which constitute
construction of ordinance nuisances;providing for con-
_�- provisions; providing, for I finement of female dogs and
— -•,1 In for severability;repealing curbing of dogs; providing
_ _ „ RATARYTUOLIC STATE OF FLORIDA all ordinances or parts of or- for disposal of impounded -
dinences In conflict herewith i animals and animals which
! NY-COIi1;IiSION'EXP. AUG 28;1990 to the extentof said conflict; I''constitute a nuisance re-
dOHDEA TRRU=GENEflAL INS. UND. providing_for nclusion in the quirtngt confinement of fiercer
' Monroe County Code of ordl-"l dangerous and vicious ani-
, '' S ,.s--.,-� nances;and providing an ef- I mass;provldinp for seizure of
, fective date. - _animals by private property
Pursuant• din-to Impoundment and
o Section 286.0105, owners and-tenants;provid-
ing salutes;notice is given
• that It a person decided to ep- disposal of animals delivered
peal any decision made by the- -to ntr l;D prohibiting
g Animal
Board with respect to any mat- . Control; prohibiting luring,
ter considered at such hearings oenticingrst seizing -molesting
or meetings,he will need a rec., for tenf rc animal's -.the ordi-
• ord of the proceedings,and that enforcement r, the or for
f nonce;providing Tor fines for
or such,that asv,fie maymrecord,cd, vlolatlon_o! the ordinance;
to ensnra'Ihet a verbatim -
. of the proceedings is -melded •
which record includes the testi ,
molly and evidence upon which:
the appeal Is based.- '
CCopies of the above-referenced)
Ordinances are available al the1
' ;bvbrerrious Monroe; County U-
,DATED-at.Key_West, Florida,:
this 6th•da of November;A D.
DANNY L.KOLHAGE '
i • Clerk of the Circuit Court
of Monroe County,Florida
and ex'offlclo Clerk of the
Board of County Commissioners 1
EEEE of Monroe County Florida
IPubtish:Nov.1s 25,Dec.2,:19R7 I
PROOF OF PUBLICATION
. ' ' I ` •
• THE FLORIDA KEYS KEYNOTER
•
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
•
STATE OF FLORIDA 1
COUNTY OF MONROE ) -
Before the undersigned authority personally appeared CHARLOTTE S I KO RA •
, who on oath, says
that he is SALES MANAGER of The FLORIDA_KEYS_KEYNOTER,_a weekly newspaper-published-nt-Marathon;in---- --
Monroe County, Florida; that the attached copy of advertisement, being a NOTICE OF INTENT TO- CONSIDER- ORDINANCE-
TO - -
IN THE MATTER OF CONTROL ANIMALS in the
Court, was published in said
newspaper in the issues of Dec . 16 , 1987
•
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- NoOTICDEER FINTEADO T I N To
COUNTY ORDINANCE
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously NOTICE IS HEREBY GIVEN
TO WHOM IT MAY-CONCERN; '
that on Tuesday, December 1,,
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second 1987 at 5:00 P.M. at the Planta
tion Key Government Center,i•
1d1eluedaDemberr 5, 987 l
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one 5:00 P.M. at Key Colony Beach)
City Hall, Key Colony Beach,)
Florida,and on Tuesday, Janu--
(' ary 5, 1988 at 5:00 P.M.in Court-1
year next preceding the first publication of the attached copy of advertisement; and affiant further room B' soo wnitenead
Street, Key West Florida, the'
Board of Conty Crommissionersl
--poundrnent-and-treatment-or— of Monroe Cu.ounty, Florida, fn-i
says that he has neither paid nor promised any person,firm,or corporation a sick and Injured animals tends to consider the adoption of;
providing for disposal of the following County Ordinance: I
dead animals; providing for ORDINANCE NO.-1487
mission of refund for the purpose of securing this advertisement for publican( disposition o unredeemed
p p g p dogs; restricting number of
cats and dogs;excepting at"- An Ordinance relating to'
plication of licensing for control of animals within
•
'Greyhounds and other dogs; Monroe' County; repealing 1
- prohibiting livestock•in cer-
tain zones; providing for in force; providing the au-
rules and regulations under - thority and purpose of the I .
the Ordinance; providing for r Ordinance; providing defini-
O� ��r-y' construction of Ordinance lions; orovfdinfl for the con-
`(�G(� provisions•- Providing for struction and maintenance of I
area of enforcement;provid- animal pounds and fees for I
(SEAL) --CHARLOTTE SIKO ing for severability;repealing impounded animals; requir-
- - _- _ _ __ all-Ordinances or parts of ing the vaccination of dogs i--—
Ordinances in conflict here- and- cats; -requiring- the ti-_I
with to the extent of said tensing of- dogs and cats;-1-
conflict; providing for inclu- providing for license fees: 1
SWORN TO AND BSCRIBED BEFORE ME THIS -79r Con Inoth OMonroe
i roee County providing for collection and i
use of revenues in connection
Providing an effective date. with licensing;providing cer-
DAY O•F,-•.' `� A.D. 19 Pursuant to Section 286.0105, lain discounts for licensing;
,' r, • Florida Statutes, notice Is given from animals at large
. ' that if a person decided to ap from public and or cone-
` vat
�, •^ -,., .. peal any decision made by the Property providing for end
fro!of fierce,dangerous and
-- ` Board with respect to any mat- vicious animals; prohibiting •
ter considered at such hearings animals which constitute
;\i•e or meetings,he will need a rec- nuisances;providing for con-
ord of the proceedings,and That
IiGfARY f? for such Purpose, he may need finement of female dogs and
cats in heat; providing for
UStIG STATE OF FLORIDAo ensure that a verbatim record curbing of dogs; providing
NYOMN SSION` IDA of the proceedings is made, for disposal of impounded
_ ; 6Q�E0 EXp AUGAO 28,Ig90 which record includes the testi- animals and animals which
>ARU`GENERAL INS. mony and evidence upon which constitute a nuisance; re-
ONO. the appeal is to be based. quiring confinement of
`-:• Copies of the above-referenced) fierce,animals;r providing for
- - 'Ordinances are available at the',seizure of animals by private
-----` various Monroe County Ii- property owners and ten-
, braries. ants;providing for impound-
DATED at Key West, Florida,.deliverred to the Department
this 6th day of November,A.D. of Animal Control; prohibit-
1987. DANNY L.KOLHAGE;Ing luring, enticing, seizing,'
Clerkn of the Circuit Court molesting or teasing animals•
oClerk f t Counfv,Floourt providing for enforcement of
and ex officio Clerk.offthe'finesOfori providingviolatin Orr
Board of County Commissioners binence•prohibiting interfer-
of.Monroe County.Florida ence with the enforcement of
Publish:Dec.16 19r17 this Ordinance;providing for -
Florida Keys Keynoter quarantine of certain ani-
mals;_ providing for im-
I '\II~,:,
ond ex ollicio Clerk allhe
board of County Commissioners
PUbl.'S~f~g1'60f9~?UnIV, Florldll
Floroda Ke>" Kevnoler
PROOF OF PUBLICATION
--
BOX 1197, TAVERNIER, FL, 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authGrity personally appeared
, who on oath, says that he is EDITOR & rUBLISllCR
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
DAGNY '''iOLFF
IN THE MATTER OF
NOTICE OF INTENTION TO CONSIDeR
in the Court, was published in said
newspaper in the issues of ]1-12) 19) 12-3.& 17-87
Affiant further says that the said REPORTER is a
newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been
continuously published in the said Monroe County, Florida,
each week (on Thursday), and has been entered as second
class mail matter at the Post Office in Tavernier, in said
County of Monroe, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of
securing this said advertisement for publication in the
said newspaper.
SEAL
SWORN TO
DAY OF
L-----j
NDTAR:y",j:lkl8l..oI-oG----...._- _.._,-,~.. "
If"
MY COMMISSION EXPIRES,
NOTARY PUBLIC STATE OF FLORIDA
"y CO~ISSION EXP. APR. 2,1991
BONDED THRU GENERAL INS. UNO,
,
NOTICE
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday,December 1,1987 at 5:00 p.m.at the Plantation Key
Gov:rnmen pent Center at Key
Plantation Key,' Florida,on Tuesday,December 15, 9
' Colony Beach City Hall,Key Colony Beach,Florida,and on Tuesday,January 5,
i 1988 at 5:00Board of Co my Commissionersom B",500 of Monroe County,Street,
Florida,intends Florida,ider
the adoption of the following County Ordinance:
ORDINANCE NO. -1987
AN ORDINANCE RELATING TO CONTROL OF ANIMALS WITHIN
MONROE COUNTY;REPEALING CERTAIN ORDINANCES CL 1RENTLY IN
h FORCE; PROVIDINGTHE AUTHORITY AND PROVIDING PURPOSE
OF THE
ORDINANCE; PROVIDING DEFINITIONS; FOR THE
CONSTRUCTION AND MAINTENANCE OF ANIMAL POUNDS AND FEES
ON
DOGS
7 FOR IMPOUNDED UNG REQUIRINGIF
PND CATS; RUIIRITHELCENS NG OFDOGS AND CATS;
t
PROVIDING FOR LICENSE FEES:PROVIDING FOR GOLLEPROVIDING.
N AND
USE OF REVENUES IN CONNECTION WITH LICENSING;
'CERTAIN DISCOUNTS FOR LICENSING; PROHIBITING ANIMALS FOR
AT
LARGE CONTROL FROM
OF FIERCE, DANGEROUS ANDBLIC AND PRIVATERTY;VICIOUSVIDING ANIMALS; '
PROHIBITING ANLS ICH CONSTITUTE NUISANCES;PROVIDING -
FOR CONE EMENT OF FEHMALE DOGS AND CATS IN HEAT;PROVIDING
FOR CURBING ANIMALS ANDFAN MALSF DOGS; OVIDING WHICHFCR CONSTITU E DISPOSALOA NUIISANIMPOUNDCE
VICIOUS
ANIMALS;G PROVIDING CONFINEMEFOR SEIZURE OFNT OF FIERCE, AANIMALS BYNGEROUSDPRIVATE
PROPERTY OWNERS AND TENANTS;PROVIDING FOR IMPOUNDMENT
AND DISPOSAL OF ANIMALS DELIVERED TO
CONTROL; LURING,TENTICING,HE DEPARTMENT
ANIMAL SEIZING,
OMOLESTING OR TEASING F THE ORDINANCE;PROVIDING FOR FIINESIFOR VIOLATION OF THE
ORDINANCE; PROHIBITING INTERFERENCE WITH THE
ENFORCEMENT OFN THIMAS O; PRINANCE;OVIDING NG PROVIDING
OR IMPOUNDMENT AND
OF CERTAIN ANIMALS;
TREATMENT OF SICK AND INJUREDROVIDING FOR DISPOSITIONFOF
DISPOSAL E DEAD ANIMALS;
UNREDEEMED DOGS; RESTRICTING NUMBER OF CATS AND DOGS;F AND ,
' APPLICATION OFICENSING
OTHER EXCEPTING
DOGS; PROHIBITING LIVESTOCK IN CERTAINGREYHOUNDS
ZONES;
PROVIDING ANDPROVIDINGFFORULES CONSTRUCTIONATIONS OF ORDINANCEUNDEREP OORDVISIONS;
PROVIDING SEVVERABILITY RREPEAL REPEALING ALL AREA OF OORD RCEMENT;NANCESRDING ORIPARTSFOF
S IN CONFLICT HEREWITH TO THE EXTENT OF SAID
CONFLICT;EPROVIDING FOR NCLUSION IN 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 rd whice
e
proceedings is made,which record includes the testimony and evidence up
the appeal is tube based.
Copies of the,above-referenced Ordinance are available at the various Monroe
County libraries.
DATED at Key West,Florida,this 6th day of November,A.D.1987.
DANNY L.KOLHAGE
Clerk of the Circuit Court
of Monroe County,Florida
and ex officio Clerk of the
Boardeof
of Monroe County,Florida
Published:11/12,11119,1213&12/17/87
The Reporter
Tavernier,FL 33070 ___- —
1----------]
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11lannp 1... kolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
January 14, 1988
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (3051 852-9253
r
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol .
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 005-1988 relating to control of animals within Monroe
County; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on January 5, 1988.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court and
ex officio Clerk to the Board
of County Commissioners
By:
Rosalie L.
Deputy Clerk
cc: Municipal Code Corporation
Mayor E. Lytton
Commissioner W. Freeman
Commissioner J. Hernandez
Commissioner M. Puto
Commissioner J. Stormont
County Attorney
County Administrator
~c Works Director
Ie ? 2513, O'6S- ) 12--
,ry
N •SENDER: Complete items 1,2,3 and 4.
gPut your address in the"RETURN TO' space on the
3 reverse side. Failure to do this wilt prevent this card from
being returned to you.The return receipt fee will provide
_+ you the name of the person delivered to and the date of • p—5 9 3 0 8 5 -19 2
delivery.For additional fees the following services are •
k available.Consult postmaster for fees and check box(es) RECEIPT FOR CERTIFIED MAIL
..� for service(s)requested. tic INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
1- 1. ❑ Show to whom,date end address of delivery. (See Reverse)
2. 0 Restricted Delivery. m Sent to
$ $ Mrs. Liz Cloud, Chief
3. Article Addressed to: to Street and No.
Mrs. Liz Cloud, Chief Department of State
0 State Bureau of Admin Code and Laws a P.a.;Tallahassee,and ZIP Code
Department of State a a assee, FL 32301
The Capitol = Postage 67
tTallahassee, FL 32301
Certified Fee; 2 4. Type of Service: Article Number !
❑ Registered 0 Insured Special Delivery Fee •
DCeq fies1 ❑ COD P 593 085 192 —
❑ Express MailRest• el-3tv ee ct
Always obtain signature of addressee or agent and eturc(Regpt h• in /� .`
DATE DELIVERED. m 'o��w•hom0 eliv redEn
1
5..Signature—Addressee a el un RecAA1l t chn mgwhom. �-
fJ ,- liat' a q p,ddrets ) livery . (1)O 0• - �7.Ci,t I-' .
m X 1 m O ost`a ri4 ees S .—� ,
iii 6. Sipnatu e—A t r FlR -i.4
n X,� (� �'' 0 Postmark o - ate •
m7. bat of -livery ', (e fa V '
:,, E
� �-
Z 8. Addressee's Address.021MiXt, eS're4 nd fee Paid) !
37 a
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✓
,-....~,.'~\~~d'_" - ,
FLORIDA DEPARTMENT OF STATE
Jim Smith
SI:'(Tl't,lry 01 State
Dorothy W. Joyce
Division Director
#
January 20, 1988
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of
and certified copy/ies of
County Ordinance(s)
January 14, 1988
Mon:roe
Nos. 88-2 and 88-5
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed ~~fs/these ordinances in this office
on January 19, 1988.
4. The original/duplicate copy/ies snowing the filing date
is/are being returned for your records.
s~~el~. ~~
L~, Chief
Bureau of Administrative Code
LC/ mb
DIVISION OF ELECTIONS; Room 1801 ......he Capitol, Tallahassee, Florida 32301
(914) ',.7690