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Ordinance 027-2009 ORDINANCE NO.02J. 2009 AN ORDINANCE AMENDING SEC. 4-70, MONROE COUNTY CODE, PROVIDING FOR THE LIMITING OF CHAINING OR TETHERING OF DOGS; PROVIDING FOR PENALTIES; PROVIDING FOR PROCESS TO CONTEST CITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County Code Section 4-2 sets forth the purpose of Chapter 4, Monroe County Code, is to provide for the regulation of animals and animal owners and keepers in the interest of the health, safety and welfare of the citizens of Monroe County; now therefore, NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Legislative findings and intent. The Board of County Commissioners of Monroe County, Florida, finds that it is inhumane to chain or tie a dog to a stationary object or to confine it in a small space. It is the intent of this ordinance to impose penalties of significance in order to deter such action and to reduce the possibility of repeat violations by rendering the violators ineligible to adopt pets from County animal shelters. Section 2. Sec. 4-70, Monroe County Code is hereby amended to read as follows: 4- 70 Chaining and tethering animals prohibited.- (A) Definitions. As used in this section: (1) "Owner" includes any owner, custodian, or other person in charge of a dog. (2) As used in this section, tether means to restrain a dog by tying the dog to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash to walk a dog. (B) It shall be unlawful for a responsible party to tether a dog while outdoors, except when all of the following conditions are met: (1) The dog is in visual range of the responsible party, and the responsible party is located outside with the dog. (2) The tether is connected to the dog by a buckle-type collar or a body harness made of nylon or leather, not less than one inch in width. ", (3) The tether has the following properties: it is at least five times the length of the dog's body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than 1/8 of the dog's weight; and it is free of tangles. (4) The dog is tethered in such a manner as to prevent injury, strangulation, or entanglement. (5) The dog is not outside during a period of extreme weather, including without limitation extreme heat or near-freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes. (6) The dog has access to water, shelter, and dry ground. (7) The dog is at least six months of age. Puppies shall not be tethered. (8) The dog is not sick or injured. (9) Pulley, running line, or trolley systems are at least 15 feet in length and are less than 7 feet above the ground. (10) If there are multiple dogs, each dog is tethered separately. (C) An exception can be made when the animal is left unaccompanied in a public location for a period not to exceed 15 minutes. (D) For a first-time violation, the Department shall issue a warning notice to the responsible party and shall wait at least thirty (30) days before taking any further enforcement action against the responsible party. Thereafter, each violation of this section shall be subject to enforcement in accordance with Sec. 4-46 of this chapter. SECTION 3. Ord. No. 022-2006 ~4, Section 4-70, Monroe County Code as previously written, is hereby repealed. SECTION 4. SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 6. INCLUSION 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. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on 7/15/2009, 2009 provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the ~th day of July ,2009. Mayor George Neugent Yep. Mayor Pro Tem Sylvia Murphy No Commissioner Heather Carruthers Yes Commissioner Mario DiGennaro Yes Commissioner Kim Wigington Yes , \ (~.~L) A.ttest:DA.N.NY L. KOLHAGE, Clerk ~f:1~ L. Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /J..,~L:.. 'tJ~~~ Mayor/Chairperson C 0::: o (..) UJ a::: 0:: o lI... C LLJ ....J - LL. - It) fi! z:: Q.. Q V> ~ ! W _.1 c.:J LA <(to-: '....:: :c c-' C- -J c": ' o ... ~c::; _...I ::"t:': >- c.::' Lu ........LtJC) ""'- -J cc Z u -,,,. <t ..- ........ C) '-I :L: MONROE COUNTY ATTORNEY GtAP!'ROVED AS TO FORM: ~"f 0 ~,: iul1- ~ ,,~. oJ CHRIS IN M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date Fif ry t\ q BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 BRANCH OFFICE: PLANT A TION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANT A TlON KEY, FLORIDA 33070 TEL. (305)852-7145 FAX (305) 852-7146 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 July 30, 2009 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7005 116000003841 21'7 Dear Ms. Cloud, Enclosed is a certified copy of Ordinance No. 027-2009 amending Section 4-70, Monroe County Code providing for the limiting of chaining or tethering of dogs. Also enclosed for informational purposes is a certified copy of Resolution No. 205-2009 correcting a typographical error in the Monroe County Code which included comment on Section 130-130 of the Tier Ordinances which was not in text of Ordinance; providing for transmission to the Department of Community Affairs. This Ordinance and Resolution were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on July 15, 2009. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D. C. cc: Via E-Mail to the following: Municipal Code Corporation Growth Management County Attorney BOCC File ["- ...D .-=1 ru .-=1 .::r- eO fT1 C] Cl Cl C] Cl ...D .-=1 .-=1 U1 CJ CJ ["- 1111 I ostal SerViCeTrJ TIFIED MAILn.1 RECEIPT tic Mail Only; No Insurance Coverage Provided) Postage Certified Fee '. ~.....---- -.. .. '~2> ", tl ..........,.. ~\ " posbnark ' ~ Here, en ./ ~ ) ')\ . n Receipt Fee i lent Required) I . :j Delivery Fee I lent Required) : I >>stage & Fees r . Administrative Cocle and Weekly , . ;C~~A:--GraY-BUitttirfg--------------_._.__._------._._----tJ: ~. ~__.-SGttttT.~~_StJ:eeL____-------------~- , "-s I hassee. Flotrftla 32399-0250 '=> II' ;tt . II .. e. . . · SENDER: COMPLETE THIS SECT/ON · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. .;} · Attach this card to the back of the mailpiec~ii! or on the front if space permits. ;{: :P:t:" 1. Article Addressed to: Program Administrator ;: .. Administrative Code and Week y R.A. Gray Building 500 South Bronaugh Street "sl!~t,assee. Florida 32399.0250 ~ Il7 2. Article Number (Transfer from servIce labe/) PS Form 3811 , February 2004 COMPLETE THIS SECTION ON DELIVERY A Signature x B. Received by ( Printed Name) D Agent D Addressee C. Date of Delivery D. Is delivery address different from item 1? DYes If YES, enter delivery address below: D No DEPT. OF STATE AUG 8 3 1009 Domestic Return Receipt 3. . ~ice Type [!f Certified Mall 0 Express Mall o RegIstered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. ~ 20,.- 4. Restricted Delivery? (Extra Fee) 7005 1160 0000 3841 2167 Dyes 102595-02-M-1540 CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State August 6, 2009 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated July 30, 2009 and certified copies of Monroe County Ordinance Nos. 027-2009 and 205- 2009, which were filed in this office on August 3,2009. Sincerely, 6%-~ ..,. 0 i ." _f~ - o )> r- z(");z :lilt rr1 ::vr-z is Q .r'1-< ;{J " ;;~:~ - 0 ('"") A <:) ::c :.nO .... :::0 :,"'~ r C) ::c ::It ,." :< :-I)> - ("') -r'J C') .. C r- ,." U\I ;:0 .. = Liz Cloud Program Administrator LC/srd DIREcmR'S OFFICE R.A. Gray Building.. 500 South Bro110ugh Street.. Tallahassee, Florida :\1399-0250 850.245.6600 .. FAX: 850.245.6735 .. TDD: 850.922.4035 .. http://dlis.dos.state.n.lIs COMMUNITY DEVELOPMENT 850.245.6600 .. FAX: 850.245.6643 ~TATE LIBRARY OF FLORIDA 850.245.660'.1 .. FAX: 850.245.6744 ST A TE Ai,CHIVES OF FLORIDA 850.2~S.67tlO .. FAX: 851).488.4894 LEGISLATIVE LIBRp.RY SERVICE 850.483.2812 .. FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.67Q5 ADMINISTRATIVE CODE AND WEEKLY 850.245.6' 70 .. FAX: 850.245.6282 FLORIDA KEYS a "�° F, , ---- „ N a.m.-5:00 p.m.,no later . ! % n i°, \r if /,_ #� ;1 .,..) than2working days prior 4 ;. 1 i I , I 7 p- 1 to the scheduled meet- 4 r" 1 ,; t `- f _ r ,ing;if you are hearing or - I `� "' 1 `:.. ,.. �: ; . 1 -11='_': voice impaired, - Published Twice Weekly No.0313100 _ call 711'. Marathon, Monroe County, Florida I NOTICE OF INTENTION DatedatKeyWest, J j TO CONSIDER Florida,this 22nd day of ' ADOPTION OF • May,2009: PROOF OF PUBLICATION ! COUNTY ORDINANCE DANNYL.KOLHAGE, , NOTICE IS HEREBY Clerk offfie Circuit Court GIVEN TO WHOM IT and ex officio Clerk of the STATE OF FLORIDA I MAYCONCERNthaton Board of County COUNTY OF MONROE July75,2009at3:00- "Commissionersof , P.M.,or as soon there- Monroe County,Florida Before the undersigned authority person afterasmaybeheard, Publish June 27,2009 ' allyappeared WAYNE MARKHAM who on attneHarveycovern- went Center,.1200 Tru-.. 'Florida Keys Keynoter oath, says that he is PUBLISHER of the 'man Avenue,Key West, — -- FLORIDA KEYS KEYNOTER, a twice Monroe County,Flori- da,the Board of County weekly nwspape.L.publishedjn Marathon,_. _ ._�.--Commiissionerso-Mon.. — - -in Monroe County, Florida: that the ` roe County,Florida,in= tends to consider the _ attached copy of advertisement was 4 adoption of the following 1 published in said newspaper in the issues County ordinance: of: (date(s) of publication) I AN ORDINANCE " • AMENDING SEC.4-70, i()(l((�"` El , (� MONROE COUNTY ^f CODE,PROVIDING FOR THE LIMITING OF CHAINING OR TETH- ERINd OF DOGS;PRO- VIDING FOR PENAL- Affiant further sa s that the said FLORIDA i TIEs PROVIDING y PROCESS TO CON • - KEYS KEYNOTER is a newspaper published TEST CITATION;PRO- at Marathon, . in said Monroe. County, VIDING FOR SEVER- - i ABILITY;PROVIDING- Florida, and that the said newspaper has FOR THE REPEAL OF I heretofore been continuously published in ALL ORDINANCES IN- CONSISTENT HERE- said Monroe County, Florida, twice each 4 WITH;PROVIDING FORT week (on Wednesday.and Saturday) and , INCORPORATION 1 INTO THE MONROE : has been entered as a second class mail 'l.COUNTY CODE OFOR-' matter at the post office in Marathon,_ in DINANCES;AND PRO- , VIDING AN EFFECTIVE ' Monroe County, Florida, for a period of DATE. c, v -77 one year next preceding the first o " •�. Pursyant to Section nR publication of the attached copy of 286.0105,Florida P•''= = . 0 ` _advertisement. ._The affiant further says - Statutes,notice is given ' . t ( r" that he has neither paid nor promised any "thatifapersondecidedtoI " . c,�= T,- ry '�I appeal any decision 33 CD�7-,,,.. IV 0 person, firm, or corporation any discount, P made by the Board with ! =•"'- ' rebate, commission or refund for the respect to any matter =`'sue-- _ considered at such hear- s C rC 3 fir} purpose of securing this advertisement for ingsormeetings,hewill ."; ..1) ir (..„) publication in the said newspaper(s) and need a record of the pro- C7 O ceedings,and that,for m G J ,z) that The Florida Keys Keynoter is in full such purpose,-he may co a . .. compliance with Chapter 50 of the Florida 4 need toehsure that aver- batim record of the pro- State Statutes on Legal and Official j ceedings_is made,which i Advertisements. record includes the teti- mony and evidence upon which the appeal is to be l based. ADAASSISTANCE: Sworn to d s ribed before me If you area person"with a disability who needs spe- + this c,27 ay of , 2009 I cial accommodations in , SEAL order to partic�ippate in this ✓ proceeding,please con- i 2,f) ( � —• tactthe CountyAdmini - i '�IC��1/, (/ /-a5/� LEEr!ii n- ,i�L /� J( e- 10i__� c MY COMMISSION SDD 42135 y 9�OF1��� EXPIRES:Apr.IS,2010 (407)CCE-0153 Florida Notary Se+vjce.com • l . T h es .' r r . ... , ________:________. P.O. Box 1197 •Tavernier, Florida 33070-1197 _ -7 which the appeal is to be (305)852-3216 Fax: (305)852-0199 "'"' 110 based. Legal Notices _-,. ADA-ASSISTANCE:If PROOF OF PUBLICATION - - Ea,areapersonwitha qd#0155000 bilitywhoneeds spa- NOT accommodations in CE OF INTENTION order to participate in this TO CIONSIDER - proceeding,please con STATE OF FLORIDA tact the CountyAdminis- , ADOPTION OF b hon COUNTY OF MONROE ADOPTION ORDINANCE tratorsoffioe, vp • ing(305)292.4'441,be- NOTICE IS HEREBY tweeri the hours f 8:30, Before the undersigned authority personally NOTICEGIVEN OWHOMIT. a.m. 5:00p.. appeared DAVID GOODHUE who on oath, says MAY CONCERN that on than theschkingdaysprior that he is EDITOR of THE REPORTER, a weeklyJuly 15,-2009 at 3:00 to thesouarelhea ingor P.M.,or as soon thereaf- ing;if Y newspaper entitled to publish legal advertising ter as may be heard,at - voice impaired,call the Harvey Government 711". published at Tavernier, Monroe County, Florida: Center,.1200Truman.Av.- West, that the attached copy of advertisement, being I enue,Key West,Monroe Dated at Key Flori-da,this 22nd day County,Florida,the of May,2009. LEGAL NOTICE in said newspaper in the issue Board of countycom of: -- - - - -- -- -- -__ — - missioners of Monroe - ounty,Florida,Monroe s (SEAL) - - June 26, 2009 toconsidertheadoption County DANNY L.KOLHAGE, of the following Clerk of the Circuit Court Affiant further says that THE REPORTER is a ordinance: and exofficio Clerk ofthe' newspaper published at Tavernier, in said :00NRFtbolENcAoNCuNETy,, BoardofCountyENDING SEC.4-70, N1on oe County,FloridaMonroe. County, Florida, and that the said : —newspaper has heretofore been continuously CODE,PROVIDIN published 6/26/09 published in the said Monroe County, Florida, ---- FORTHE LIMITING OF The Reporter !'. CHAINING.OR Tavernier FL 33070 each week (on Friday), and has been entered as TETHERING OF DOGS; - - - second class mail matter at the Post Office inPROVIDING FOR -PENALTIES; Tavernier, in said County of Monroe, Florida, for ` PROVIDINGFOR• a period of one year next preceding the first ';. PROCESS TO-CONTEST CITATION; publication of the attached copy of .PROVIDING FOR ' advertisement; and affiant further sa s that she . SEVERABILITY; Y -PROVIDING FORTHE 1 has neither paid nor promised any firm, person, '.• REPEAL OF ALL-- or corporation any discount rebate, ORDINANCES > INCONSISTENT • commission or refund for the purpose of ', HEREWITH securing this advertisement for publication in ( ORPORA�ON •'I • the said newspaper and that The Reporter is in 3` INTO THE MONROE • • full compliance with Chapter 50 of the Florida �' GOUNTYCODE OF ORDINANCES;AND State Statutes on al and Official • '• PROVIDING AN , Advertisements. EFFECTIVE DATE. • - . _-_ -____ _ ___ I Pursuant to Section _ Z.....--.........-......-- _ Statutes,notice is given that if a person decided tc Sworn to a su ed before me 26t" day Of : appeal any decision made by the Board with June , 2009. ; respect to any matter ' considered at such hear- . ings or meetings,he will 'Th.y , `r- need a record of the\ J9�J b. ceedings,and that,for such purpose,he may es) -rI need to ensure that a ver- -7.• r r; • Notar (75-N)2\ batim record of the pro- '� a> 3 r la r b f O , ceedings is made,which ` C). C:.., rn �j :;c.record includes the testi- _`O �=' G O • I 1 monv and evidence upon , t'- I- =rj c----<—: a ` •2v - :-- r+ = 1'',T MARGARET J.WHISENHUN7 1_-' ® c O,�,y.Y PUg` OOtAMISSION#DDSS1967 "I pi ) O _ EXPIRES:JUN 22,2013 -Ira{ c4`,B, Bonded throughlst State Insurance Page 1 of3 Pam Hancock From: To: Sent: Subject: <ords@municode.com> <phancock@monroe-clerk.com> Tuesday, August 04, 2009 9:49 AM Acknowledgment of material received This is a computer generated email, please do not reply to this message. Municipal Code Corporation P.O. Box 2235 1700 Capital Circle SW. (32310) Tallahassee, FL 32316-2235 850-576-3171 Fax: 850-575-8852 il]fQ@m.\!niG9q~.GQm Monroe County, FL Code of Ordinances - 2008(14298) Supplement 2 Recorded: 4/23/2009 3:07:24 PM We have received the following material through Hard Copy/Electronic. ! < TR> Document Adoption Ordinance No. 009-2009 4/15/2009 Ordinance No. 010-2009 4/15/2009 Ordinance No. 011-2009 4/15/2009 Ordinance No. 012-2009 5/20/2009 Ordinance No. 013-2009 5/20/2009 Ordinance No. 015-2009 5/20/2009 Ordinance No. 016-2009 5/20/2009 Ordinance No. 014-2009 5/20/2009 Ordinance No. 023-2009 6/17/2009 Ordinance No. 024-2009 6/17/2009 Ordinance No. 008-2009 3/18/2009 Ordinance No. 043-2007 11/14/2007 Resolution of Section 130-130, Tier Overlay District 7/15/2009 Resolution No. 205-2009 7/15/2009 Ordinance No. 027-2009 7/15/2009 ***CJJc;...kmb~r~_ to see the full list of recorded ordinances for the next supplement. *** Or point your browsers at: hUp://www.municode.com/disposition/dislist.asp?jobid=1 09682 If you are sending the ordinances in electronic form and printed form, we assume the electronic version of the ordinances reflects the ordinances as adopted. We do not proofread against the printed version of the ordinance if the printed copy is submitted. Please contact us if you have questions. 8/4/2009