Ordinance 022-1979
ORDINANCE NO. 22_1979
AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA,
CONTAINING DEFINITIONS; PROHIBITING ANIMALS IN
PUBLIC PARKS AND BEACHES, MAKING IT UNLAWFUL FOR
OWNERS OR PERSONS HAVING CUSTODY OF ANIMALS TO
PERMIT ANIMALS TO COMMIT ANY NUISANCE OR RUNNING
AT LARGE; REQUIRING VACCINATION AGAINST RABIES
AND LICENSE TAGS; PROVIDING FOR DURATION AND
COSTS OF LICENSE TAGS; PROVIDING FOR IMPOUNDING
WITHOUT LICENSE, REDEEMING BY OWNER AND DIS-
POSITION OF UNREDEEMED ANIMALS; PROVIDING FOR
IMPOUNDING OF DOGS AND OTHER ANIMALS SUSPECTED
OF HAVING RABIES AND THE REPORTING OF ANIMAL
BITES; EXEMPTING FACING GREYHOUNDS AND OTHER
ANIMALS FROM VACCINATION AND LICENSING PRO-
VISION OF THIS ORDINANCE; AUTHORIZING ENFORCE-
MENT OF THIS ORDINANCE; LUUTING NUMBER OF DOGS
AND CATS ON ONE PREMISE, EXCEPT IN DULY LICENSED
KENNELS; PROVIDING FOR PROSECUTION OF VIOLATIONS
OF THIS ORDINANCE; REPEAuING ALL SPECIAL LAWS,
ORDINANCES, RESOLUTIONS, RULES AND REGULATIONS
IN CONFLICT HEREWITH TO THE EXTENT OF SAID
CONFLICT; AND PROVIDING WHEN THIS ORDINANCE
TAKES EFFECT.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Definitj ons.
As useu in this article, unless
the context otherwise indicates:
(1) Animal means any species of mammals not including
humans.
a) "Domesticated animal" means any species of
animal accustomed to live in or about the
habitation of man and is dependent on man
for food and shelter including dogs, cats,
swine, cattle, horses, sheep, goats.
b) Wild animals means those species of mammals
that are not included in the definition of
"domesticated animal".
(2) Owner shall be defined to include any person, per-
sons, firms, corporations or associations owning,
harboring, keeping or controlling a dog or dogs
within the county, domestic animals and domesti-
cated wild animals.
(3) Dog, domestic animal and domesticated wild animal
shall include both male and female.
(4) At large shall be defined to mean off the premises
of owner, and not under the control, custody, charge
or possession of the owner, or other responsible
person, either by leash, cord or chain.
(5) Quarantine means strict confinement by leash,
closed cage, paddock or in any other manner and
in a place as approved by the Monroe County Health
Officer of all animals specified in the order.
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APPROVED ON .J ~ I
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Section 2. Prohibited in parks and on beaches. No
person owning or having charge, care, custody or control of
any animal shall cause, permit or allow the animal into or
upon any public park or beach in the county; provided, however,
this provision shall not apply to parkways, wayside parks, or
other park areas in which animals are specifically authorized.
Section 3. Permitting animals to commit nuisance. It
shall be unlawful for the owner or person having custody of any
animal to permit, either willingly or through failure to exer-
cise due care or control, any such animal to commit any nui-
sance upon the sidewalk of any public street; or upon the floor
of any common hall in any apartment house, tenement house,
hotel or other multi-dwelling; or upon any entranceway, stair-
way or wall immediately abutting a public sidewalk, or upon
the floor of any theatre, shop, store, office building or other
building used in common by the public.
Section 4. Running at large. No person owning or hav-
ing possession, charge, custody, or control of any animal shall
cause or permit or allow the animal to stray, run, be, go or in
any other manner to be at large in or upon any public street,
side,walk or park or on private property of others without the
express or implied consent of the owner of such private prop-
erty.
Section 5. Vaccination against rabies. Every person
who owns and harbors any dog over the age of four months in
the county shall have such dog vaccinated against rabies by
a licensed veterinarian of his choice. Evidence of vaccina-
tion shall consist of a certificate signed by the licensed
veterinarian administering the vaccine. The certificate in
triplicate shall show the date and type of vaccination, the
name and address of the owner, the year and serial number of
the dog tag, the breed, age, color and sex and other pertinent
data for proper identification of the dog. One copy of the
certificate shall be given to the owner, one filed with the
County Tax Collector and one retained by the veterinarian
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administering the vaccine.
However, no dog need be vaccinated
for rabies where:
(1) A licensed veterinarian has examined bhe dog and
certified that at such time vaccination would en-
danger the dog's health because of its age, inform-
ity, debility, or other physiological consideration;
and
(2) Such certificate is presented to the enforcing agency
within five days of such examination; such certificate
shall not be valid for more than twelve months from
date of issuance.
Section 6.
License tags required for all dogs; condi-
tions for issuance of tags. Every person owning, keeping or
harboring any dogs within Monroe County, Florida, or bringing
any dog into this county shall, within thirty days, obtain a
license tag from the County Tax Collector which shall be worn
by the dog at all times. The County Tax Collector shall re-
quire as a pre-requisite to the issuance of a license tag of
any dog acceptable proof that the dog has been adequately vac-
cinated against rabies for the period of time covered by the
lic~~se. The certificate of a veterinarian, licensed to
practice veterinary medicine and surgery in the United States,
shall be accepted as conclusive evidence as to the fact and
time of such inoculation, or a certificate of a qualified
veterinarian certifying that inoculation for rabies would en-
danger the health of the particular dog, as provided by Sec-
tion 5 of this Ordinance may be accepted.
Section 7.
Duration of license tags for dogs.
(1) The license tags for dogs required herein shall
be issued for each year beginning June 1 and
ending May 31, upon payment of the proper fee.
Licenses shall be issued for one year only upon
payment of the proper fee as shown in Subsec-
tion (2) and receipt of a certificate from a
qualified veterinarian that the dog has been
inoculated ~gainst rabies for the period elapsing
from the date of vaccination to the expiration
date of the license. Each tag shall have a
number and shall show the expiration date.
(2) The license tags for dogs herein required shall
be issued after payment of $2.00 for a one year
license. However, the license fee for an unspayed
female dog shall be $3.00 for a one year license.
The fee for any license issued to the owner of a
dog or dogs first becoming subject to the licen-
sing provisions of this Ordinance after November 30,
Rage 3 of 8 Pages
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of any year shall be one-half of the full fee for
the year. If a tag is lost or damaged, the owner
may secure a duplicate by presenting a copy of
the certificate of vaccination to the County Tax
Collector and payment of a fee of $1.00. Effec-
tive June 1, the licensing fee for a sterilized
dog may be waived for two years only provided the
owner presents a certification of spaying or
sterilization for the dog.
Section 8.
Responsibility of owner for vaccination and
tags.
Failure to secure rabies vaccination and tags as re-
quired shall be a violation by the owner of the dog.
Section 9.
Impounding, redeeming by owner, disposition
of unredeemed dogs.
Any dog found without a current tag, or
any animal found in violation of Sections 2, 3 and 4 may be
caught by an authorized County employee or an authorized em-
ployee of the Humane Society authorized by the County or any-
one acting under its direction, and imprisoned and impounded
at a place maintained or designated for that purpose. After
a period of confinement of five days, those animals not
claimed may be disposed of through approved humane agencies,
or otherwise in a humane manner. Animals shall be released to
owners on presentation of proof of ownership and after proper
inoculation, licensing and payment of fees as follows:
(1) Stray animal pick-up fee:
(a) $8.00 for the first pick-up in any calendar
year.
(b) $50.00 for the second pick-up in any calendar
year.
(c) $100.00 for the third pick-up in any calendar
year.
(d) $100.00 for each pick-up thereafter in any
calendar year.
(2) Shelter fee
$5,00 per day.
Section 10.
Rabies, Animal, Non-bite.
(1) Clinically suspected rabid animals. Clinically
suspected rabid domesticated or wild animals which have not
bitten a human may, at the Monroe County Health Officer's
discretion, be quarantined at owner's expense, or if the
Officer is of the opinion that the health and safety of the
citizenry of Monroe County would be jeopardized by the con-
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tinued existence of such infected animal, then such animal
may be killed and the remains disposed of without any
compensation being paid to the owner.
(2) Animals exposed to rabid or suspect rabid animals.
If the owner or custodian of a domesticated animal can pro-
duce proof of currently valid rabies vaccination the animal
shall be revaccinated and kept under restraint at the owner's
expense for 90 days as approved by the Monroe Counth Health
Officer.
If the owner or custodian of any animal cannot pro-
duce proof of currently valid rabies vaccination, the animal
shall at the owner's option and expense be either killed or
held in strict isolation for a minimtllll of six months in a
place and manner approved by the Monroe County Health Officer.
If isolation agreements are violated, the animal shall be
killed and tested for rabies unless the Monroe County Health
Officer determines the circtllllstances to warrant an exception.
Section 11. Animal Bites:
(1) Any domesticated animal which bites or otherwise
exposes a htllllan to rabies and whose immunization history and
travel status can be determined shall be quarantined at the
owner's expense in a place and manner approved by the Monroe
County Health Officer. If the immunization history and travel
status of such animal cannot be determined within 24 hours,
the animal will be killed and tested for rabies.
(2) Any wild animal that bites or otherwise exposes a
htllllcm to rabies shall be innnediately killed and tested for
rabies unless the Monroe County Health Officer determines the
circumstances warrants an exception.
(3) No animal under quarantine may be moved from the
place of quarantine without the written permission of the
Monroe County Health Officer.
(4) A person may not fail or refuse to surrender any
animal for quarantine or destruction when demand is made by
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the written order of the Monroe County Health Officer when,
in the opinion of said Officer, the health and safety of the
citizenry of Monroe County would be jeopardized.
Section 12. Report of animal bites. It shall be the
duty of every attending practitioner, licensed to practice
medicine, osteopathic medicine, veterinary medicine or any
other person knowing of or in abtendance on a case to
promptly report to the Monroe County Health Department every
instance in which a person is bitten by a dog or other animal.
Any dog or other animal reported to have bitten a person shall
be captured alive, if possible, and shall be quarantined,
or disposed of as set forth in Section 10 hereof.
Section 13. 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 days.
Section 14. Enforcement. Employe.es of the County and
any Humane Society employees shall have the right to enter
upon any public or private property in Monroe County, except
a building designated for and used for residential purposes,
for the purpose of examining or capturing any dog thereon
or therein.
Section 15. No person, firm, partnership, corporation,
or other entity may keep more than two (2) dogs or two (2)
cats on any premises except if said animals are six (6) months
or younger without operating a duly licensed kennel or pet
shop.
Section 16. Violations of any provision of this Ordi-
nance shall be prosecuted in the County Court in the name of
the State of Florida by the prosecutorial officer thereof
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and upon conviction shall be punishable by a fine of not
less than $50.00 or not more than $500.00 or by imprisonment
in the County Jail for not more than 60 days, or by both
such fine and imprisonment. Said violations shall be and
constitute second degree misdemeanors under the provisions
of Florida Statute Chapter 125. In addition to said mis-
demeanor fine and/or imprisonment, civil proceedings may be
instituted in the appropriate court for appropriate relief
or to insure compliance with the provisions of this Ordinance.
Section 17. Severability. If any section, subsection,
paragraph, clause, sentence, phrase, or portion of this
ordinance is for any reason found invalid, unlawful, or uncon-
stitutional by any court of competent jurisdiction, such por-
tion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof. All ordinances or parts of ordi-
nances, or special/legal acts in conflict herewith be and the
same are hereby repealed with the effective date of this
ordinance. Ordinances Nos. 6-1977 and 4-1973 are hereby re-
pealed.
Section 18. Codification. It is the intention of
the Board of County Commissioners that the provisions of
this ordinance shall become and be made a part of the Monroe
County Code and the word "ordinance" maybe changed to
"section", "article" or other appropriate word or phrase and
the sections of this ordinance may be renumbered or re-
lettered to accomplish such intention; providing, however,
that Sections 17, 18, and 19 shall not be codified.
Section 19. Effective date. This ordinance shall
take effect only in the unincorporated areas of Monroe County,
Florida, and in any park or beach owned by Monroe County
located in any municipality located in said County, upon
receipt of official acknowledgment by the Clerk of the Board
~age 7 of 8 Pages
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of County Commissioners from the Department of State that
this ordinance has been filed with the Department of State.
o
BOARD OF COUNTY COMMISSINERS
OF MONROE NTY, FLORIDA
By
(Seal)
Attest: ..
/j .; .' :uJ~
"__~- t/;( . .J..
Cler
ADOPTED:
September 18, 1979
FILED WITH DEPARTMENT OF STATE: September 24, 1979
EFFECTIVE:
September 27, 1979
APPROVED AS TO FORM
AND LEGAL SUFRaENCy.
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11rrorrw'l'S O.mea
Page 8 of 8 Pages
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in
PROOF OF PUBLICATION
MIL, lieg -ini toy Cozen
Published Daily
Key West, Monroe County, Florida -
STATE OF FLORIDA)
COUNTY OF MONROE) S8'
e re,Lthe undersigned authority personally appeared
� . �` J174gI�' .,. .... .. . . . , who on oath says that he is • D • C 4 O
11 15 of The Key West Citizen, a
daily newspaper publ ed Key West in Monroe County, Florida; that
th mach copy of, v t 'sement, being a
Nf ,�r ��1,� :iv NOTICE OF INT£NTtON TIGCON
(� 1 ion Id WhS� SIDE ,,•I• • , -
COATI
A ADOPTION=OF COUNTY ORDINANCE
fs WV Dr It�ricQi } NOTICE IS HEREBY GIVEN TO
in the-matter of • WHOM IT MAY CONCERN that on
Or01►na gel � , LO W COI rial Tuesday,July 17d 197i at 10:00ea.m.at
T ryIWA fr 4✓ � the Islamorada Fire Department
/ Building, Islamorada, Florida;and on
Tuesday,July 31,1979,at 10:00 a.m.at
WnFaini Dk {ohs ( the Marathon Branch Courthouse,
Marathon,Florida,the Board of County
/✓7 Commissioners of Monroe County,
Florida,intends to consider the adoption
of the following County Ordinance:
ORDINANCE NO...-1979
AN ORDINANCE RELATINGTO
MONROE COUNTY, FLORIDA,
CONT-AINING DEFINITIONS:
PROHIBITING ANIMALS IN PUBLIC
{ PARKS AND EACHES, MAKING IT
• UNLAWFUL FOR OWNERS OR
ANIMALS TO HAVING CUSTODY OF
ANTO PERMIT ANIMALS TO
COMMIT ANY NUISANCE OR RUN-
NING AT LARGE: REQUIRING
VACCINATION AGAINST RABIES
AND LICENSE TAGS;'PROVIDING
FOR DURATION AND COSTS OF
LICENSE TAGS; PROVIDING FOR
• IMPOUNDING WITHOUT LICENSE,
REDEEMING -BY OWNER AND
DISPOSITION OF UNREDEEMED
ANIMALS;UPROVIDING FOR IM-
POUNDING
OF DOGS AND OTHER' ,
•
ANIMALS SUSPECTED OF HAVING
RABIES AND THE REPORTING OF
ANIMAL BITES;EXEMPTING
• :RACING GREYHOUNDS AND OTHER
was published in said newspaper in the issues c ANIMALS FROM VACCINATION AND
LICENSING PROVISION OF THIS
ORDINANCE;AUTHORIZING EN- .__- ____
In LI, t919 FORCEMENT OF THIS ORDINANCE;
1V f LIMITING NUMBER OF DOGS AND
CATS ON ONE PREMISE,EXCEPT IN
DULY LICENSED KENNELS;
PROVIDING FOR PROSECUTION OF
l VIOLATIONS OF THIS ORDINANCE;
sREPEALINGiowsP.ECtAI LitWS,xIN
1»CONFLICT HEREWI;TlH4T0,1Ti E
C;XTE NT:f1C f:alflr�ff/NFI ICT Fl NLLI5_
Affiant further says that the said The Key ,PR0*13INor, WHEN ,�HIS�,oR=•
DINANCE TAKES EF,FIECT r 1
newspaper published. at Key West, in�said Monroe f
that the said newspaper has heretofore :been con" Dated at Key.West,Florida,this loth day of June,1979.
in said Monroe County, Florida, each day (excep11 RALPHW.WHITE
been entered as second•class mail matter at the } Clerk of the Circuit Court of a
Monroe County,Florida,and
West, in said Monroe County, Florida, for a peril exofficioClerkof the Board
of County Commissioners of,
preceeding the: first publication of the attached! Monroe County,Florida i
went; and affiant further•says that he has neith�June 2,,1979 . - l
any person, firm or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement for publication
Win the said newspaper.'
NOTARY PUBLIC SI• Tr; jI FLORIDA AT •
MY COMMISSION EXPIRES JULY 101983- L :Y:.
N RAL INS-• UNDEROVRlT�3 • • • •4
_ _ (SEAL) _ BONDED I HRU GEE �J.
-; - - Sworn-to-a- subscribed before me this . . . . . .: .. . l:: ;o e ;
. -_day of , A. 1979.
9 .,,
..
z3
~ur~tart! of ~tab
STATE OF F"LORIDA
THE CAPITOL
TALLAHASSEE 32304
SECRETARY OF STATE
GEORGE FIRESTONE
Director, Division of Elections
904/488.7690
Dorothy W. Glisson
September 27, 1979
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
v~~
Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
September 24, 1979
Monroe
79-22
y~/ We have filed this/these
September 27,
Ordinance/s in this office
1979
3. Receipt of an original/s and certified cOIv/ies of
County Ordinance/s No./s
4.
5.
6.
NK/mb
Receipt of
relative to
County Ordinance/s
We have numbered this/these Ordinance/s
and was/were filed
in this office 1979.
The original/duplicate copy/ies showing filing date
is/are being returned for your records.
Cordially,
~4~7 /;:;;;;:"
(Mr. s Nancy 1 avanaugh ...
Chi f, Burea of Laws ~
(/ /
?-31