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HomeMy WebLinkAboutS. Public Hearings* 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20.2010 - KW Department: County Atto= Bulk Item: Yes No X Staff Contact : Suzanne Hutton 292 -3470 AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance requiring registration of people representing others, seeking to influence the BOCC, and to delete the exemption available to officials and employees in County service as of April 27, 1990, which exemption would allow them* to lobby the County immediately after vacating office while all other officials and employees are precluded from lobbying for 2 years after vacating position. ( *Elected officials are currently prohibited by statute from lobbying for 2 years after leaving office.) ITEM BACKGROUND: On April 21, 2010, the BOCC enacted a lobbyist registry ordinance. There were issues as to administration and complaints from the public to being called "lobbyists", and the BOCC directed that the ordinance be re- drafted to address the issues. Since the ordinance has already been incorporated into the County Code and there are some terms that overlap with provisions related to lobbying by former officials and employees, rather than repeal Ordinance No. 11 -2010 and start again from scratch, it is preferable to have an ordinance that reflects changes to the current Code which requires a public hearing. PREVIOUS RELEVANT BOCC ACTION: 9/15/10 BOCC approved public hearing for October 20, 2010 at 3:00 P.M. in Key West, FL; Enactment of Ordinance No. 011 -2010, requiring registration of lobbyists; enactment of Ordinances No. 10 -1990, No. 20 -1990 and No. 22 -2004, prohibiting current and former employees and officials from lobbying activities. CONTRACT /AGREEMENT CHANGES: Ordinance eliminates the definition of a lobbyist, creates a definition for representative, and changes the requirement for lobbyists to register with the County to a requirement for registration of people representing others, seeking to influence official action. It also eliminates an exemption applicable only to people employed as of 4/17/1990, or the revision date of July 10, 1990 — the exemption is from a prohibition against lobbying for two years after vacating position. STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 Commissioner Wigington ORDINANCE NO. — 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, PROVIDING FOR REGISTRATION OF PEOPLE REPRESENTING OTHERS TO INFLUENCE COUNTY OFFICIALS AND EMPLOYEES; PROVIDING FOR SEVERABILITY; DELETING THE EXEMPTION FOR FORMER OFFICIALS AND EMPLOYEES IN OFFICE IN 1990 FROM A PROHIBITION AGAINST LOBBYING FOR TWO YEARS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County, on April 21, 2010, enacted Ordinance No. 11 -2010 in an attempt to provide transparency to the citizens of Monroe County with respect to lobbying efforts to influence legislative and executive actions; and WHEREAS, after enactment, issues arose regarding applicability of the ordinance and objections to the label "lobbyist;" and WHEREAS, to clarify that registration is to be required of every person who represents another person or entity, regardless of relationship or compensation, or absence thereof; and WHEREAS, it is desired to repeal provisions of Ordinance No. 11 -2010 that required only lobbyists to register and to amend other sections of the ordinance to eliminate the purportedly pejorative label of "lobbyist" imposed upon those who frequently appear at public meetings or communicate via phone and correspondence to seek to influence county officials and employees; and WHEREAS, it is desired to repeal that portion of Section 2- 149(b), Monroe County Code, that exempted from a prohibition against lobbying for two years by former county officials and employees after vacating office if the officials and employees were in county service on the date of the ordinance enacting the prohibition in 1990; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2 -148, Monroe County Code, shall be amended as follows: 2 -148. Defmitions The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Registration of Representatives Commissioner Wigington Advisory body means any county board, commission, committee, council or authority whose powers, jurisdiction and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties or obligations, other than those relating to its internal operations. A body with land planning, zoning, or natural resources responsibilities shall not be considered an advisory body. Agent means a person acting or doing business for another. Board means the Monroe County Board of County Commissioners. Business entity means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self - employed individual, or trust, whether fictitiously named or not, doing business in the state. Compensation means a payment, distribution, loan, advance, reimbursement, deposit, salary, fee, retainer, or anything of value provided or owed to a lobbying firm, directly or indirectly, by a principal for any lobbying activity. County means Monroe County, Florida. County chairman and county mayor are interchangeable terms which mean the chairman of the Monroe County Board of County Commissioners. County office means any governmental office staffed by employees under the authority of the board of county commissioners. Development permit means the same as this term is defined in F.S. § 163.3164. Employee or county employee means any person employed by the board of county commissioners, whether by contract or not, except those persons described in the definition of 'officer or county officer." Expenditure means the same as this term is defined in F.S. § 112.3215. Lobbying means to seeking, on behalf of another person or entity, to influence the board, contractors examining board, planning commission land authority, board of governors, or any advisory body or any members of the stated boards, commissions, or authority, with respect to a decision in the area of policy or procurement or an attempt to obtain the goodwill of a county official or employee. Lebb�isf ineans any pef-sen, pat4ner-ship, eefper-atien of- ether- business entity that lebbies on behalf of a pfineipal. Lobbyist dees net mean a eeafity er- other- geveffiffiefit effleial empleyee er- any ether- pef-sen affiliated with any gEwemment while aeting in his e Registration of Representatives 2 .s .5 Lobbying means to seeking, on behalf of another person or entity, to influence the board, contractors examining board, planning commission land authority, board of governors, or any advisory body or any members of the stated boards, commissions, or authority, with respect to a decision in the area of policy or procurement or an attempt to obtain the goodwill of a county official or employee. Lebb�isf ineans any pef-sen, pat4ner-ship, eefper-atien of- ether- business entity that lebbies on behalf of a pfineipal. Lobbyist dees net mean a eeafity er- other- geveffiffiefit effleial empleyee er- any ether- pef-sen affiliated with any gEwemment while aeting in his e Registration of Representatives 2 Commissioner Wigington Officer or county officer means those persons defined in F.S. § 112.3145(1)(a); any other appointed member of a local government board who is required to file a statement of financial interest by the appointing authority or the enabling legislation, ordinance, or resolution creating the board, and any member of an advisory body appointed by and serving under the board of county commissioners. Person means a natural person. Planning commission means the local planning agency, as further described in the land development regulations of the Monroe County Code. Principal means the person, partnership, joint venture, trust, association, corporation, governmental entity or other entity which has contracted for, employed, retained or otherwise engaged the services of a lebbyist representative Representative means any person partnership corporation or other business entity who seeks, on behalf of any other person or entity, to influence the Board Contractors Examining Board, Planning Commission, Land Authority Board of Governors or any advisory body to any of the specified boards, commission and authority, with respect to a decision in the area of policy or procurement, or to obtain the goodwill of a County official or employee in the execution of their administrative duties. SECTION 2. Section 2- 149(b), Monroe County Code, shall be amended as follows: (a) No former county officer or employee shall, within two years following vacation of office or termination of employment, lobby on behalf of any other person or business entity in any formal or informal appearance before, or with the intent to influence, make any oral or written communication on behalf of any other person or business entity, to: (1) Any board, commission, authority, or advisory body of the county; or (2) Any department, division, special district or bureau of the county, in connection with current or future procurement of goods and /or services. (b) This section shall not apply in the case of collective bargaining_ the effee da4 o f . t • '• ..1,:,.1, thi — Ar ti a l ,7 ,1 t .1 ..,..w a.avau effiee- is ete ted F 1. ♦ f� 1,' 1, t efffi ft t 1, eeffiffiellees : - appv�c�azvi , effe efive u f the of - di nanee ft 1,' 1, thi rt' 1 i d .1 th tW see s h a U Registration of Representatives Commissioner Wigington SECTION 3. Section 2 -154, Monroe County Code, shall be amended as follows: Sec. 2 -154. — Registration and re- registration of4ebbyists representatives (a) All lobbyists representatives shall register and re- register with the county administrator's office at the times specified in this article and on the forms prescribed from time to time by the county administrator. This registration is required even if one fills out a speaker's card to speak at public meetings. When acting in his or her official capacity, a county official, county employee, or an official or employee of another governmental entity shall not be required to register. (b) The forms prescribed for the registration and re- registration of lobbyists representatives shall require, at a minimum, the following information and stated under oath: (1) The lebbyist's representative's name and business address; f2,) The representative's business address (3) The firm, if any, of which the representative is an owner, partner, associate, or otherwise employed for the purpose of representing o (2 4) The name and business address of each principal represented; (3 5) The specific areas of the principal's governmental interest; (4-!k) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association; (§ 1) Where the principal is a general partnership or joint venture, the names of all partners; (6 8) Where the principal is a limited partnership, the name of the general partner or partners; (S-9) Where the principal is a partnership, joint venture, corporation, association, trust or nongovernmental entity other than a natural person, the names of all natural Registration of Representatives 4 Commissioner Wigington persons holding, directly or indirectly, a five percent or more ownership interest in the entity; and (9 10) Disclosure of any business, professional or familial relationship that the lebbyist representative or any employee of the lobbyist representative may have with any county officer or county employee. (c) The county administrator or his designee shall post the registry to the county website on a quarterly basis reflecting registrations which have been filed in accordance with this section. (d) All lebbyists representatives shall register with the county administrator or his designee within five business days of being retained as a lobbyist representative, before engaging in any lobbying activities, whichever shall come first, and re- register prior to January first of each year. L ebb Representation p rior to registration is prohibited. Each lebbyist representative who ceases lebbyl$g- represent feF a particular principal shall file a written notice of withdrawal. (e) County employees shall be diligent to ascertain whether persons required to register pursuant to this section have complied. Employees of a county office may not knowingly permit a person who is not registered pursuant to this section to k4 by influence or seek the goodwill of the employees of that office. 1 (f) Upon discovery of violations of this section, any person may file a sworn complaint with the county administrator. (g) Investigation of violations; penalties; validity of actions. (1) The county attorney or county administrator, or their designee, shall be informed by any county employee or officer who knows of any person- engaged i—H lobbying se es who has failed to comply with the registration-fepoAing requirements of this article prior to seeking to influence or obtain the goodwill of a County official or employee in violation of this section and, in each such instance, shall conduct such investigation as he or she shall deem necessary under the circumstances. The results of each investigation shall be reported to the board. (2) After determination of a first violation of registration requirements, the board may warn, reprimand or censure the violator or may suspend or prohibit the violator from appearing on behalf of any principal before the board of- any eounty a& body Contractors Examining Board, Planning Commission Land Authority, Board of Governors, or any advisory body to any of the specified boards 1 Alternative language could be "lobby" or, similar to the definition of that word, it could be restated as "to influence, with respect to a decision in the area of policy or procurement, or seek the goodwill of..." Registration of Representatives Commissioner Wigington commission and authority, or from otherwise lebb ying fe representing, before any of the aforementioned bodies any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two years, and no sanction shall be imposed unless the lebbyist representative allegedly in violation has been afforded reasonable notice and an opportunity to be heard. After determination of a subsequent violation, the board shall suspend or prohibit the violator from appearing on behalf of any principal before the4maFd-er Aforementioned bodies or from otherwise lebbying re resenting any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two years, and no sanction shall be imposed unless the lobbyist representative allegedly in violation has been afforded reasonable notice and an opportunity to be heard before the board The penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration requirements of this article. The failure or refusal of any lebbyist representative to comply with any order of the board suspending or prohibiting the lebbyist representative from lobbying shall be punishable as provided by law and shall otherwise be subject to such civil remedies as the county may pursue, including injunctive relief. (3) The board of county commissioners may void any action or contract entered into in connection with a procurement matter where the county chairman, one or more county commissioners, the Board as a whole, or a member of the pertinent procurement committee has been lobbied in violation of the registration reporting requirements. (h) This section shall sunset on May 31, 2011 SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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 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. Registration of Representatives 6 Commissioner Wigington SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon filing 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 day of , 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor /Chairperson Registration of Representatives ADDITIONAL BACK -UP Municode Page 1 of 4 r r r Mon roe Countv. Florida Code of Ordinances >> PART I - GENERAL ORDINANCES >> Chapter 2 - ADMINISTRATION >> ARTICLE Ill. - OFFICERS AND EMPLOYEES >> DIVISION 4. - LO BBYING AND PROCUREMENT . ETHICS >> DIVISION 4. - LOBBYING AND PROCUREMENT ETHICS IN Sec. 2 -148, - Definitions. Sec 2 -149. - Lo regulated. Sect- 150.Aeernc© relating to o of Pods rvice Sec. 2 -151. _- of procurement of goods services for unauthori use of former county officer gmolov Sec. 2 -152. - County's right to terminate Procurement for 000ds, services. ec. 2 -153. - Procuremenj of goodl services, Sec. 2 -154, - Reggt%tr o and re- registration of lobbyists. Secs. 2- 155 - - -2 -174. - Reserved. I Sec. 2 -148. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory body means any county board, commission, committee, council or authority whose powers, jurisdiction and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties or obligations, other than those relating to its internal operations. A body with land planning, zoning, or natural resources responsibilities shall not be considered an advisory body. Agent means a person acting or doing business for another. Board means the Monroe County Board of County Commissioners. Business entity means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self- employed individual, or trust, whether fictitiously named or not, doing business in the state. Compensation means a payment, distribution, loan, advance, reimbursement, deposit, salary, fee, retainer, or anything of value provided or owed to a lobbying firm, directly or indirectly, by a principal for any lobbying activity. County means Monroe County, Florida. County chairman and county mayor are interchangeable terms which mean the chairman of the Monroe County Board of County Commissioners. County office means any governmental office staffed by employees under the authority of the board of county commissioners. Development permit means the same as this term is defined in F.S. § 163.3164. Employee or county employee means any person employed by the board of county commissioners, whether by contract or not, except those persons described in the definition of 'county officer.' Expenditure means the same as this term is defined in F.S. § 112.3215. 'Lobbies'also means influencing or attempting to influence, on behalf of another, the board's action or non - action through oral or written communication or an attempt to obtain the goodwill of a member or employee of the board of county commissioners or any board or council under their authority. L��... /n:L_ ..............a. ..... /...:..� ....0 1:--. Tlr%.IAnnO0_TTT1kArn ........a_.1L"-n1 Rf.rll/T/.'111: 1A /C inn i A Municode Page 2 of 4 Lobbying means seeking, on behalf of another person or entity, to influence the board, contractors examining board, planning commission or any advisory body with respect to a decision in the area of policy or procurement or an attempt to obtain the goodwill of a county official or employee. Lobbyist means any person, partnership, corporation or other business entity that lobbies on behalf of a principal. Lobbyist does not mean a county or other government official employee or any other person affiliated with any government while acting in his or her official capacity. Any person who only appears in his or her individual capacity for the purpose of self- representation without compensation or reimbursement, or other personal benefit, to express support of or opposition to any item, shall not be required to register as a lobbyist. Officer or county officer means those persons defined in F.S. § 112.3145(1)(a); any other appointed member of a local government board who is required to file a statement of financial interest by the appointing authority or the enabling legislation, ordinance, or resolution creating the board, and any member of an advisory body appointed by and serving under the board of county commissioners. Person means a natural person. Planning commission means the local planning agency, as further described in the land development regulations of the Monroe County Code. Principal means the person, partnership, joint venture, trust, association, corporation, governmental entity or other entity which has contracted for, employed, retained or otherwise engaged the services of a lobbyist. (Code 1979,§2-527, Ord. No. 10.1990, § 1; Ord. No. 022 -2004, §4; Ord. No. 011-2010,§§ 1, 2) Sec. 2 -149. - Lobbying regulated. (a) No former county officer or employee shall, within two years following vacation of office or termination of employment, lobby on behalf of any other person or business entity in any formal or informal appearance before, or with the intent to influence, make any oral or written communication on behalf of any other person or business entity, to: (1) Any board, commission, authority, or advisory body of the county; or (2) Any department, division, special district or bureau of the county, in connection with current or future procurement of goods and/or services. (b) This section shall not apply in the case of collective bargaining or to officers or employees in the employ of the county on the effective date of the ordinance from which this article is derived. This section shall also not apply to any officer holding an elected office, or to an officer holding an appointment to any board, commission, or authority, on the effective date of the ordinance from which this article is derived except that, if such officer is elected or appointed for another term of office, which term commences after the effective date of the ordinance from which this article is derived, then this section shall apply. (Code 1979, § 2 -528; Ord. No. 10.1990, § 2, Ord. No. 20.1990, § 1) Sec. 2 -150. - Appearance relating to procurement of goods, services. (a) Except as required by statute, ordinance, resolution, rule or custom for the proper discharge of official duty, no county officer or employee shall, if elected or appointed after the effective date of the ordinance from which this article is derived, make a formal or informal appearance before, or, with the intent to influence, make any oral or written communication in connection with current or future procurement of goods and/or services, to: (1) Any board, commission, authority, or advisory body of the county; or (2) Any department, division, or bureau of the county. (b) This section shall not apply in the case of collective bargaining. (Code 1979, § 2 -529; Ord. No. 10.1990, § 3) I Sec. 2 -151. - Denial of procurement of goods, services for unauthorized use of former county officer, employee. Any person or business entity shall be ineligible for the award for such goods and services that has had act on his or its behalf in connection with any current or future procurement of goods and/or services: of * ♦r• i l.,.n«.• rv..•.,. n.. .....« / -. «. «♦ ....�.. �l..l:__aTll_..... 1 AnnO O_TTTI m „ _...... _, a 1— ._ M n M /1l•M n . —.11­ — Municode (1) A former county officer or employee subject to the prohibition of section 2 -149; or (2) A county officer or employee in violation of section 2 -150. (Code 1979, § 2 -530, Ord. No. 10 -1990, § 4) Sec. 2 -152. - County's right to terminate procurement for goods, services. Page 3 of 4 (a) The county shall have the right to terminate, at its discretion and without any liability, any procurement for goods and/or services awarded to any person or business entity that has had act on his or its behalf: (1) A former county officer or employee subject to the prohibition of section 2 -149; or (2) A county officer or employee in violation of section 2 -150. (b) The county may also, in its discretion, deduct from the goods and/or services price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former county officer or employee or county officer or employee. Each contract entered into by the county shall contain the following language: '(Person or business entity) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former county officer or employee subject to the prohibition of section 2 -149 or any county officer or employee in violation of section 2 -150. For breach or violation of this provision the county may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former county officer or employee or county officer or employee.° (Code 1979, § 2 -531; Ord. No. 10 -1990, § 5) Sec. 2 -153. - Procurement of goods, services. (a) Any county officer or employee who violates section 2 -150 shall be prosecuted in the same manner as misdemeanors are prosecuted and, upon conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. (b) Any county officer appointed to a board, commission or authority who violates section 2 -150 may additionally be removed from office for cause. (c) Any county officer enumerated in F.S. § 112.3145(1)(a), who is not subject to career service under Laws of Fla. ch. 69 -1321, and who violates section 2 -150 may also be discharged for cause. (d) Any county officer subject to career service or an employee who violates section 2 -150 shall have violated the standard of employment set forth in the county's personnel policies, and may additionally be subject to disciplinary action up to and including discharge. (e) A conviction in county court shall not be a condition precedent to removal from office, discharge or discipline. (Code 1979, § 2 -533; Ord. No. 10 -1990, § 7; Ord. No. o22 -2004, § 5) Sec. 2 -154. - Registration and re- registration of lobbyists. (a) All lobbyists shall register and re- register with the county administrator's office at the times specified in this article and on the forms prescribed from time to time by the county administrator. (b) The forms prescribed for the registration and re- registration of lobbyists shall require, at a minimum, the following information and state under oath: (1) The lobbyist's name and business address; (2) The name and business address of each principal represented; (3) The specific areas of the principal's governmental interest; (4) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association; (5) Where the principal is a general partnership or joint venture, the names of all partners; (6) Where the principal is a limited partnership, the name of the general partner or partners; (7) Where the principal is a trust, the names of all trustees and beneficiaries; (6) Where the principal is a partnership, joint venture, corporation, association, trust or nongovernmental entity other than a natural person, the names of all natural persons holding, directly or indirectly, a five percent or more ownership interest in the entity; and (9) Disclosure of any business, professional or familial relationship that the lobbyist or any employee of the lobbyist may have with any county officer or county employee. l .tt... //1;1......... IAnnno_TT. XI .. . . I.. -- .—.......- Municode Page 4 of 4 (c) The county administrator or his designee shall post the registry to the county website on a quarterly basis reflecting registrations which have been filed in accordance with this section. (d) All lobbyists shall register with the county administrator or his designee within five business days of being retained as a lobbyist, before engaging in any lobbying activities, whichever shall come first, and re- register prior to January first of each year. Lobbying prior to registration is prohibited. Each lobbyist who ceases lobbying for a particular principal shall file a written notice of withdrawal. (e) County employees shall be diligent to ascertain whether persons required to register pursuant to this section have complied. Employees of a county office many not knowingly permit a person who is not registered pursuant to this section to lobby the employees of that office. (f) Upon discovery of violations of this section, any person may file a sworn complaint with the county administrator. (g) Investigation of violations; penalties; validity of actions. (1) The county attorney or county administrator, or their designee, shall be informed by any county employee or officer who knows of any person engaged in lobbying activities who has failed to comply with the registration reporting requirements of this article and, in each such instance, shall conduct such investigation as he or she shall deem necessary under the circumstances. The results of each investigation shall be reported to the board. (2) After determination of a first violation of registration requirements, the board may warn, reprimand or censure the violator or may suspend or prohibit the violator from appearing on behalf of any principal before the board or any county advisory body or from otherwise lobbying for any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two years, and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. After determination of a subsequent violation, the board shall suspend or prohibit the violator from appearing on behalf of any principal before the board or any county advisory body or from otherwise lobbying for any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two years, and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. The penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration requirements of this article. The failure or refusal of any lobbyist to comply with any order of the board suspending or prohibiting the lobbyist from lobbying shall be punishable as provided by law and shall otherwise be subject to such civil remedies as the county may pursue, including injunctive relief. (3) The board of county commissioners may void any action or contract entered into in connection with a procurement matter where the county chairman, one or more county commissioners, or a member of the pertinent procurement committee has been lobbied in violation of the registration reporting requirements. (h) This section shall sunset on November 30, 2010. (Ordd. No. 011 -2010, § 3) Secs. 2 -155 -2 -174. - Reserved. FOOTNOTE(S): cs> State Law reference— Code of ethics for public officers and employees, F.S. § 112.311 et seq. Back tt.,.// 1, 1........._.,..:..... 7.. _l._,.771 tAnnno.TrmILm _. I.. ron sr.r.,...rr• ,...�....,... PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The 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(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sworn to and subs ribed before me this of , 2010 (SEAL) Notary ihtends to conslderthe adoptim of the followlrig Countyordinanow. the boa rd with rebpect:te any matter con"' reo,at h - hearingsoa'mkktroO,t> will need a rebord of the proceedings, and that, for such ounkne, he may nreedto ADA ASSISTANCE: ; Ifyou are a person with a disabl* needs sp"l, accommodations in orderto participate in these proceedings, please contact the County Administrators Office, by phoning (305) 292 -4441, between the hours . of 8 :30 a.m. - S:OO p.m., no Wei than ten (10taiendardays-1pria to the scheduled meeting; if yot. are hearing or voice,imikArkd, pall "711 ". Rated at key **f; Florida, this 15th day of September, 2010. DANNY L. K01I-IAGE, Clerk of the,Circutt Court and ex officio Cler k of 6tetoard of pwt*, �� , missioners of Nftoffde testimony aid *viciehce upon ; (S L) which the appeal is to be publish September 22, 2010. based Florida Kays Keynoter r BEVERLY TRAEGER MY COMMISSION S DO 969749 EXPIRES: April 18, 2014 ''''�f,, • ` Bonded Thru Notary Public Underwriters ORDINANCES' AND PROVID#NG' V 'DATE. Pursuant to 5ection.,286.0105, Florida Statutes, rwt�isglven that if a persoe decldEido No.5582000'. NOTICIEWANT EWNWTO CBN9110 !Al OPTONOF COUNTY011001NANCE to t� r BEVERLY TRAEGER MY COMMISSION S DO 969749 EXPIRES: April 18, 2014 ''''�f,, • ` Bonded Thru Notary Public Underwriters ORDINANCES' AND PROVID#NG' V 'DATE. Pursuant to 5ection.,286.0105, Florida Statutes, rwt�isglven that if a persoe decldEido No.5582000'. NOTICIEWANT EWNWTO CBN9110 !Al OPTONOF COUNTY011001NANCE _jEX2WFM We Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Advertising Coordinator PO Box 1800 Key West Fl 33041 Office .... 305- 292 -7777 Extension ........ x219 Fax ....... 305- 295 -8025 lenals0kevsnews.com INTERNET PUBLISHING keywest.com keysnews.com floridakeys.com key - west.com Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press MARKETING SERVICES Commercial Printing Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing / Main Facility 3420 Northside Drive Key West, FL 33040 -1800 Tel 305 - 292 -7777 Fax 305 - 294 -0768 citizen akevwest.com Internet Division 33040 -3328 Tel 305 - 292 -1880 Fax 305 - 294 -1699 sales @keywest.com Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050 -3342 Tel 305 - 743 -8766 Fax 305 - 743 -9977 marathon(akeysnews.com Upper Keys Office 91731 Overseas Hwy Tavernier, FL 33070 Tel 305 - 853 -7277 Fax 305 - 853 -0556 freepress@floridakeys.com STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice - President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of "Id Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every day, 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 1 year next preceding 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. l Signature of Affiant Sworn and subscribed before me this day of , p , 2010 Notary Public: Marsha F. Kirkwood Expires: September 15, 2013 Personally Known x Produced Identification Type of Identification Produced MARSHA F. KINWp O MyrOMMISSION # DD 890880 EXf"HES. September 15, 2013 ded Thru Notary Public U,gwrftP Notary Seal S, l was published in said newspaper in the issue(s) of TheReporter P.O. Box 1197 • Tavernier, Florida 33070 -1197 (305) 852 -3216 Fax: (305) 852 -0199 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared DAVID GOODHUE who on oath, says that he is EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: September 24, 2010 Affiant further says that THE 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 Friday), 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 she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Cha ter 50 of the Florida State Statutes o�gal and Official Advertisements. Sworn to and subscribed before me this 29th day of September, 2010. j!AW &.K0LHAGE, 01erk oL-- imuafit to section 286.0105, rr�ter - 4s~rlMbwlNrtla#.I)eiwNl' . im IN rteedae�p�d� fig of thopr s is mP ,0 U �rec�d�i�Mt., •'.. y and � p�po p , which #*O *Y.fl , ALaAA$�IST�4N�3H � yr� adi _. a person }fth a dlaability who Pecd�►+tkl�lYiv� 'S. the Ow my Admf niatri�tit'sf C)1fk s, by P 30 282 -4AAt, 'riolafe�. Of tap a m. - 5:00.M'Yn.. no later t4#s 04*duled M yell AD# 55"O" , ,r r arstfearin�orvnll a mpaired e. ... {a call "71V.. 0 ca C4 o N o CD c:) * 3:00 PAL PUBLIC HEARING * BOARD OF COUNTY COMNIISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Department: County Attomey Bulk Item: Yes No X Staff Contact: Christine Limbert- Barrows #3475 AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance amending portions of Section 4 of the Monroe County Code relating to dangerous dogs. ITEM BACKGROUND: The proposed ordinance simplifies the definition and classification of a "dangerous dog" and makes the language more consistent with Florida Statutes. The proposed ordinance also provides the owners of alleged dangerous dogs an opportunity to an administrative hearing upon request to contest the final and classification of a dog as "dangerous" and sets forth the procedures and appeal process for owners of dogs classified as "dangerous" to follow. The proposed ordinance was drafted in coordination with the animal control contractors to allow for their prior review and input prior to presentation to the Board. PREVIOUS RELEVANT BOCC ACTION: 3/15/06 BOCC approved Ordinance No. 006-2006 9/15/10 BOCC approved public hearing for October 20, 2010 at 3:00 P.M. in Key West, FL CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty DOCUMENTATION: Included X OMB/Purchasing Risk Management DISPOSITION: Revised 7/09 Not Required AGENDA ITEM # ORDINANCE NO. - 2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTIONS 4 -1, 4 -3, 4 -37, 4 -38, 4 -67 and 4 -75, OF THE MONROE COUNTY CODE, PROVIDING FOR THE AUTHORITY TO DESIGNATE DOG AS DANGEROUS; PROVIDING FOR CONFISCATION; PROVIDING FOR AN APPEAL PROCEDURE AND PROVIDING FOR ADDITIONAL RESTRICTIONS RELATING TO DANGEROUS DOGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County Code Chapter 4 sets forth the definitions of "dangerous ", "fierce ", "vicious" dogs, and WHEREAS, in order to simplify the Monroe County Code and to be more consistent with Florida Statutes, the definition and classification of a "dangerous dog" should be amended; and WHEREAS, the Monroe County Code should provide the owner(s) of such dangerous dogs an opportunity to an administrative hearing upon request to contest the final determination and classification of a dog as dangerous; and WHEREAS, the Monroe County Code should set forth the procedure and appeal process for owners' of dogs classified as "dangerous" to follow; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Sec. 4 -1, Monroe County Code is hereby amended to read as follows: 4 -1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or to leave an animal unattended for more than 24 hours, or to release the animal upon public roads or public or private lands, or to fail to provide adequate food, water, exercise or medical care. Animal means any living dumb creature, including any mammal, bird, fish, reptile, ferret, turtle, horse, mollusc, crustacean, or any other vertebrate other than a human being. Animal at large means any animal, other than a cat, that is not under the control, custody, charge or possession of the owner or other responsible person in attendance, by leash, secure fence or other means of confinement or restraint. Animal control officer means any person employed or appointed by the county for the purpose of enforcing county ordinances or state statutes pertaining to animal care and control, who is authorized to investigate on public or private property civil infractions relating to animal control or cruelty and to issue citations as provided in this chapter, and whose appointment is approved by the board of county commissioners, and whose appointment is approved by a judge of the county court or circuit court for the county. For purposes of enforcement of violations of this chapter, the terms "animal control officer" and "animal control supervisor" are interchangeable. Animal control shelter means a facility designated or recognized by the county or the state for the purpose of impounding and/or caring for animals, including a contract service provider, such as a local animal protection shelter, that may include a humane society. Animal control supervisor means a person who has been duly appointed as an animal control officer and who is: (1) The person, if the function of animal control is administered by county employees or if a single independent contractor has contracted for animal control services county-wide, who has authority and responsibility for all county animal shelters and to whom all duly appointed animal control officers shall report; or (2) Any person with authority and responsibility for one or more county animal shelters and to whom duly appointed animal control officers shall report by area under the jurisdiction of any single contractor, if the animal control functions within the county are administered by more than one independent contractor. Animal fighting means fighting between roosters or other birds or between dogs, or between other animals of the same species. Bait means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, the "baiting" means the use of live animals in the training of racing greyhounds. Cat means any member of the species felis catus. Charging instrument means a writing or document that recites the mode of committing an offense. Citation means a charging instrument or written notice, issued to a person by an animal control officer or law enforcement officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge. The citation must contain: (1) The date and time of issuance; (2) The name and address of the person; (3) The date and time the civil infraction was committed; (4) The facts constituting probable cause; (5) The section of this Code violated; (6) The name and authority of the officer; (7) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court as required this section; 2 (8) The applicable civil penalty if the person elects to contest the citation; (9) The applicable civil penalty if the person elects not to contest the citation; (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty; and (11) A conspicuous statement that if the person is required to appear in court as mandated by this section, he does not have the option of paying a fine in lieu of appearing in court. Commercial kennel or cattery means a facility that offers the services of a kennel or cattery for a profit. Cruelty means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal, and includes, but is not limited to, any omission of a duty to provide food and water, shelter, and health care which omission causes unjustifiable pain or suffering of an animal, and allowing pain or suffering to continue when there is reasonable remedy or relief. Dangerous dog ankne means any dog aaimat that according to the records of the appropriate authority: 1) Has aggressively bittenes of attack es or endangered or has inflicted severe injury on a human being on public or private property: 2) Has more than once severely injured or killed a domestic animal while off the owner's property 3) has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting: or 4) has, when not provoked, chased, or approached a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the animal control supervisor, , The term l�LA does not include the following: (1) An- aRirnal- dQq that bites or attacks a person or animal that provokes, torments, tortures, or treats the animal cruelly or is unlawfully on the property of the owner or (2) An- animal daQq that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect itself or another animal or a person if that person is engaged in lawful activity and is the subject of an assault or battery or animal attack; or (3) A dog that was engaged in law enforcement work under the direction of a law enforcement officer; or (4) A dog that was engaged in a legal hunt or in a legal sport or exhibition such as obedience trial, conformation show, field trial, hunting/retrieving trial, or herding trial. Direct control means control that is immediate and continuous. Dog means any member of the species canis familiaris. Domesticated companion animal means an animal that has traditionally, through a long association with humans, lived in a state of dependence upon humans or has been traditionally kept as a household pet, including, but not limited to: dogs, cats, hamsters, gerbils, ferrets, mice, rabbits, parakeets, parrots, cockatiels, cockatoos, canaries, love birds, finches and tropical fish. Effective voice command means voice control within 20 feet by a competent person which at all times prevents the animal subject to the voice control from running at large or otherwise violating the provisions of this chapter. Ferret means any member of the species mustela furo. Keeper means any person possessing or having custody of an animal. 3 Kennel or cattery means any establishment, except a pet shop or animal protection shelter, wherein or whereon animals are kept for boarding, training, care and grooming, breeding, or stud services for remuneration, or sales of offspring or adult animals, but does not include a veterinarian hospital. Leash means a cord, strap or other like apparatus that is attached to an animal in an effort to control the movement of the animal by the holder thereof. License certificate means a license document issued pursuant to this chapter. The board may by resolution authorize the license certificate and rabies vaccination certificate to be a combined document. License tag means a license tag, designed to be attached to an animal collar, issued pursuant to this chapter. Licensed veterinarian means a veterinarian licensed to practice in the state. Livestock means horses, stallions, colts, geldings, mares, sheep, rams, Iambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jenneys, burros, goats, kids, swine, and any other fur - bearing animals being raised in captivity, including those other animals recognized by the department of agriculture as being within the jurisdiction of its department. Neglect means failure to comply with the minimum requirements for animal care set forth in this chapter. Neutered or spayed means rendered permanently incapable of reproduction by surgical alteration, implantation of a device or other physical means, or permanently incapable of reproduction because of physiological sterility, but only where the neutered or spayed condition has been certified by a veterinarian licensed in any state. Notice means a notice to appear, unless the context of the chapter requires a different definition. Nuisance means the following: (1) An animal that habitually barks, howls, cries, screams or makes other bothersome noises any time of day or night; or (2) Any animal that, by its conduct or behavior, including, but not limited to, habitual or repeated destruction or soiling of any public or private property, habitual chasing of persons, cars or other vehicles, or running at large, causes a disturbance to the peace or causes injury or threat of injury to persons or property. Officer means any law enforcement officer defined in F.S. § 943.10, or any animal control officer. Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the governing body of a county or municipality, the violation of which is a civil infraction. Owner means any person or custodian in charge of an animal and includes any person having a right of property in the animal; or an authorized agent of the person having a right of property in the animal; every person who keeps or harbors the animal or has it in his care, custody or control; and any person who has the apparent authority to have a right of property in the animal. The term shall include every person who resides at the same address or permits an animal to remain on the premises in which that person resides, if such person is of legal age. Person means any individual, corporation, society, co- partnership, limited partnership, limited liability company, association, or any other legal or business entity. Knowledge and acts of M agents and employees of corporations in regards to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation. Pet means any domesticated companion animal, excluding livestock, poultry, or wild animals, that is owned by any person. Poultry means any domestic fowl, ornamental birds, and game birds. Premises means a tract of land, including its dwelling units, buildings and other appurtenances. Provoke means to perform an act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an animal. Quarantine means strict confinement by leash, closed cage, paddock, or in any other manner, and in a place as approved by the animal control supervisor of all animals specified in the order. Rabies suspect animal means any animal that has bitten, scratched, or broken the skin of a human being, been in contact with or been bitten, scratched or has had its skin broken by a rabid animal; or any animal that shows symptoms suggestive of rabies. Rabies vaccination certificate means a certificate issued by a licensed veterinarian attesting that the animal has been inoculated against rabies. The certificate shall be Form 51, "Rabies Vaccination Certificate," of the National Association of State Public Health Veterinarians or an equivalent form containing all the information required by such form. The form may be combined with the license certificate and the veterinarian who administers the rabies vaccine to the animal may affix his signature stamp in lieu of an actual signature. Rabies vaccination tag means a tag, designed to be attached to an animal collar and containing the rabies vaccination certificate number. Sporting kennel or cattery means a facility that offers no services for profit, that maintains animals solely for the owner's sporting or hobby purposes, and that sells offspring and adult animals only on an occasional basis. The term "occasional basis" means animal sales of a frequency of no greater than one litter per fertile female per year. Tether means a rope or chain fastened to an animal and a stationery object to keep the animal within a certain boundary. Torment means an act or omission, including abandonment or neglect that causes pain, suffering, or distress to an animal, including mental or emotional distress as evidenced by the animal's altered behavior. Veterinary hospital means any establishment operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases, illnesses, and injuries of animals. Vkieus- anima f. The teFm " Y e r i ous tl FAeaR6 MY MIMI that MIST' t6 tl p k, G. resl ►I.0 i Wild animal means any animal that is not a domesticated companion animal, or that is any crossbreed of wild animals with domestic animals, or any descendant of any crossbreed. Such animals include, but are not limited to: any venomous snake, python or constrictor snakes, owls, porcupines, monkeys, raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox, coyote, wolves, wolf- hybrids, wolverines, squirrels, bears, deer, chipmunks, moose, elk, rabbits, opossum, beavers, ground hogs, moles, gophers, mice /rodents, bats, birds, and any related fur or feathered nondomesticated companion animals. SECTION 2. Sec. 4 -3(1), Monroe County Code is hereby amended to read as follows: (1) The board of county commissioners finds that the presence of dangerous dogs animals, animals and vieieus as defined in this chapter, within the county creates an increased danger to public health and safety and to the welfare of other animals and people. SECTION 3. Sec. 4- 37(a)(2), Monroe County Code is hereby amended to read as follows: ( Any ner-ee, v _eieu,e dangerous do s is not properly secured or restrained by the owner or keeper; SECTION 4. Sec. 4- 38(a)(3), Monroe County Code is hereby amended to read as follows: (a) The animal control supervisor and animal control officers may catch, seize or pick up: (1) Any stray animal; (2) Any animal at large; (3) Any fieFee,r+eieueF dangerous dog an +Faai not properly restrained or secured by the owner or keeper; (4) Any animal carrying or believed to be carrying rabies or other infectious or contagious diseases; (5) Any animal that is a nuisance; (6) Any dog not licensed and inoculated as required by this chapter; 0 (7) Any sick or injured animal for which the owner or keeper cannot be found after reasonable effort to do so, or for which the owner or keeper is unable or unwilling to provide proper care; (8) Any animal that has been found engaged in animal fighting that is prohibited by this chapter; or (9) Any other animal authorized by this chapter to be quarantined, impounded, caught, seized or picked up. (b) The animal control supervisor or his officers shall impound or otherwise dispose of such animals as provided under this chapter. (c) The animal control supervisor and animal control officer shall investigate complaints or actions allegedly in violation of this chapter and shall issue citations demanding that the violations cease or be corrected. Those animal control officers authorized to issue citations pursuant to F.S. § 828.27(1)(b) and F.S. § 828.23(1)(f), have authority under this chapter. (d) Pursuant to law, the animal control supervisor and officers may enter public or unfenced private property within the county, except residential buildings, to carry out the duties imposed by this chapter. (e) The animal control supervisor may declare an animal to be a "fieme aAifflal," "dangerous dog ° ' ' " as defined by section 4 -1 in accordance with the procedure set forth in section 4 -75 of this chapter, and may order the owner of such animal to secure, restrain and confine it in a reasonable manner specified by the animal control supervisor and comply with other regulations Pertaining to "dangerous dogs" as required by this chapter (f) The animal control officer shall fulfill the following duties: (1) The animal control officer shall promptly seize, take up and place in the animal protection shelter, or contracted services provider, all animals being kept or harbored or found running at large any place within the county contrary to the provisions of this chapter or the statutes of the state. As to any cat found roaming or wandering on public property or private property other than that of its owner, that is unrestrained, without its owner immediately and visibly present in such area and without an identifying license tag, the animal control officer, after reasonable investigation, shall be vested with discretion to conclude that such cat is feral or abandoned by its owner and may seize and impound the cat in accordance with the provisions of this chapter. (2) The animal control officer shall be properly deputized as a peace or police officer for the purpose of this chapter. He shall have the legal authority and duty to issue appearance tickets, citations or summonses to those persons owning, keeping or harboring animals contrary to the provisions of this chapter. (3) The animal control officer shall dispose of impounded animals that are not claimed and released within: a. Seven days if the animal has been chipped or tattooed or wears a license or rabies tag, which chip, tattoo, rabies or license tag is registered with current information to facilitate contact of the owner, or wears an identification tag with current information to facilitate contact of the owner; or b. Five days if the animal is not able to be identified by one of the following methods: 1. Adoption by an individual person who meets adoption criteria for the animal; 2. Humane euthanasia under state statute if the animal is deemed unadoptable or cannot be placed within a reasonable time with a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter; or 3. Release to a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter. W1 If, however, a dog or cat has a collar, license, or other evidence of ownership, the animal control officer shall notify the owner of the impoundment. Disposition of the animal shall then not be made until after five days from the date of confirmed delivery of a certified mailing or notice of non - pick -up of the certified mail, unless the owner has, prior to the end of the five days, redeemed the animal or relinquished in writing ownership of the animal. The animal control supervisor shall maintain a record of when the animal was acquired and under what circumstances. This record shall also indicate the date of notice sent to the owner of an animal and any subsequent disposition of the animal. This section does not apply to animals that are sick or injured to the extent that the holding period would cause the animal to suffer. Regulations regarding the sale of animals from the animal protection shelter and boarding and other charges shall be posted in a conspicuous place at the animal control shelter. The bodies of all animals destroyed at the animal control shelter or elsewhere in the county shall be disposed of by the animal control officer in a manner approved by the county health department and the board of county commissioners. Any animals voluntarily relinquished to the animal control shelter by their owners for disposition (not boarding) need not be kept for the minimum period of five days before release or disposal of the animal by the animal control officer. (4) The animal control officer shall promptly investigate all animal bite cases involving human injury and shall search out and attempt to discover the animal involved. If the animal control officer finds the animal responsible for the bite, he shall either impound or quarantine the animal for examination for disease in accordance with the applicable provisions of this chapter and the statutes of the state. The animal control officer shall also be obliged to seize and impound any rabies - suspected animal and cause the animal to be either impounded or quarantined for examination for disease in accordance with the provisions of this chapter. (5) In response to a complaint of an animal at large or there being a clear indication of "animal in distress" as defined by F.S. § 828.12, the animal control officer is authorized and empowered in accordance with the provisions of this chapter to enter upon private premises (excepting entry into the private areas of buildings or enclosures constructed to provide privacy, unless in possession of a search warrant) for the purpose of inspecting those premises to determine if the owners of dogs, cats or animals harbored, kept or possessed on the premises have complied with the provisions of this chapter. The animal control officer is authorized and empowered to issue a citation to the owner of any dogs, cats or ferrets for whom no license has been procured in accordance with this chapter or for any other violation of this chapter. The provisions of this subsection shall include, but not be limited to, investigation of, and seizure for, cruelty to animals, and investigation and seizure of vicieas of dangerous dogs aaifaals. (6) The animal control officer shall have the duty to inspect any kennel, a license for that has been issued by any state or county agency or their authorized officers, and shall have the duty to notify the licensing agency of any conditions that are unhealthy or inhumane to the animals kept in the kennel. (7) The animal control officer shall have the duty to investigate complaints of animals alleged to be dangerous doQS ,and shall have the right to seize, take up and impound such animals pending disposition pursuant to this chapter. (8) The animal control officer shall have the duty to investigate complaints of cruelty to or abandonment or neglect of animals and shall take such action as is required or permitted by the section of this chapter governing animals in distress. (9) The animal control officer shall be responsible for coordinating with the county administrator or his designated appointee the sale of licenses and the keeping of appropriate records and related books of account. (10) The animal control officer shall not sell, give or make available in any manner any live or dead animals of any species or any animal body parts or organs to be used for research, demonstration, experimental or any other purposes by any person, firm, corporation or institution, except to the extent necessary to comply with health laws and regulations concerning rabies. The animal control officer shall be responsible for disposition of the bodies of animals destroyed at the animal protection shelter in accordance with state law and regulations. (11) The animal control officer shall provide to the state attorney for investigation and possible prosecution information concerning suspected violations of the following: a. The provisions of F.S. § 828.122 governing fighting or baiting animals; b. The provisions of F.S. § 828.123 governing killing a dog or cat with intent to sell pelt and possession of pelts of dogs or cats with the intent to sell; C. The provisions of F.S. § 828.1231 governing the sale of garments or items of clothing containing dog or cat fur; d. The provisions of F.S. § 828.125 governing the killing or aggravated abuse of registered horses and cattle; and e. The provisions of F.S. § 828.29 governing the transportation into the state, and offering for sale of, dogs and cats. The county attorney is authorized to seek injunctive relief against continued violations of such statutes if an investigation discloses probable cause to believe the violations are occurring and there is no criminal prosecution of the violations. (12) The animal control officer shall have such other duties relating to the enforcement of this chapter as the board of commissioners may from time to time provide. (g) The animal control officer, in enforcing the provisions of this chapter and the statutes of the state pertaining to animals, may issue to the owner or keeper of an animal in violation of this chapter a citation containing a notice to pay a fine and/or appear in court or may make complaint to the State Attorney for the Sixteenth Judicial Circuit and to the circuit or county court in regard to any violations of this chapter. (h) No employee of the county or any contracted entity shall perform the duties of an animal control officer unless that person has been certified through the training program described in F.S. § 828.27(4)(a). This provision shall not preclude employees who are not certified from providing care for animals, maintenance of animal living areas or attending to other operational and administrative duties of the animal control and sheltering functions. SECTION 5. Sec. 4 -67, Monroe County Code is hereby amended to read as follows: Sec. 4 -67. - Animals at large prohibited; restraint of #lerr-e, dangerous 429s nuisances; confinement of female dogs and cats in heat; curbing dogs. (a) No owner or keeper of an animal other than a domestic cat shall willfully or negligently allow the animal to run at large on any public property or on any private property of another without permission of the property owner. Any animal under the close supervision of its owner or keeper or otherwise engaged in an organized animal exhibition, field trial, competition, legal sport or training for these activities, shall not be deemed to be an animal at large. It is unlawful for owners or keepers of a diseased animal, including a diseased cat, to allow the animal to run at large. (b) No owner or keeper of a dog a aalrraal declared by the animal control supervisor to be 1 visieds of dangerous shall either willfully or negligently allow the dQq anirnal to run at large or to fail to secure, restrain or confine the dog 2aira2 as ordered by the animal control supervisor or animal control officer pursuant to this chapter. (c) No animal owner or keeper shall permit, either willfully or negligently, the animal to be a nuisance. The owner or keeper of any animal for which the owner or keeper has been given notice that the animal constitutes a public nuisance shall take necessary precautions to abate the nuisance. At a minimum, the owner or keeper shall immediately confine the animal in such manner as is necessary to prevent the continuation of the nuisance. Within 14 days of receipt of notice that an animal constitutes a public nuisance, we the owner or keeper shall permanently confine the animal, have the animal destroyed by euthanasia by a licensed veterinarian or remove the animal from the county, whichever may be necessary to the abatement of the nuisance. Failure to abate the nuisance as required herein shall be deemed the maintaining of a public nuisance in violation of this chapter. (d) No owner or keeper shall permit a female dog or cat in heat (estrus) to be upon the streets or in any public place. The owner or keeper of a female dog or cat in heat shall confine the animal so as to make it inaccessible to any male dog or cat except for controlled and intentional breeding purposes. Maintaining direct control or confinement within a fence, open kennel, open cage or run may be, but shall not be presumed to be, insufficient and not in compliance with this section, unless other measures have been instituted to prevent uncontrolled breeding. (e) The following regulations shall apply: (1) No dog owner or keeper shall allow an unleashed dog upon any school grounds. (2) No dog owner or keeper shall, either willfully or negligently, permit the dog to defecate upon any public property, except where designated by official signage, or on private property without the permission of the owner. A dog owner or keeper is required to remove the dog's feces from any public property or school grounds or any private property upon which the dog is not permitted to defecate. A person having custody or control of an animal on property other than his own shall be equipped to collect and shall collect such animal's solid waste when eliminated. (3) Except for animals that assist disabled persons, domestic animals are prohibited from all county parks and beaches unless permitted in this Code. No person may cause or allow any domestic animal (of whatever size) other than an animal that assists a disabled person to be brought to, or remain on, any county park or beach, with the exceptions of parks and beaches specified in subsection (e)(4) of this section. (4) Pets are permitted to be taken to County Parks as set forth in Sec. 18.270) Key , subject to pet - friendly park restrictions specified therein. OR GhaptSF 18. . (5) Except for animals that assist disabled persons, and animals that play a work - related role, domestic animals are prohibited from all county facilities except where specifically allowed by other sections of this Code or by resolution of the board. (6) If this subsection (e) is violated, the department is authorized to remove the animal or, in its discretion, to order the owner or keeper to do so. (7) An owner or keeper of any animal shall immediately remove any excrement deposited by the animal on any property other than that of the owner, whether the animal is lawfully or unlawfully on the property. Failure to do so immediately shall constitute an additional violation of this section. SECTION 6 . Sec. 4 -75, Monroe County Code shall be amended to read as follows: Sec. 4 -75. - Confinement of €teFee, dangerous dogs, authority to designate a dog as dangerous; confiscation; hearing and appeal procedures. . (a) Upon receipt of a notarized sworn affidavit seff+plaiR , the animal control supervisor shall investigate whether a dog jai is 4ofse; dangerous ervideus. An individual desiring to have a doa designated as dangerous shall attest in a notarized sworn affidavit to the incident giving rise to the request and shall submit the affidavit to the animal control supervisor within 30 days of the incident. The animal control supervisor will, if possible, interview the owner or keeper of the dog under investigation before designating the dog as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded by the animal control supervisor, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and 10 resolution of the hearings related to the dangerous dog classification. The animal control supervisor shall require, at a minimum that: (1) No fierce, dangerous dog may be kept on an unenclosed porch, patio or in any part of a house or structure that would allow the animal to exit such building or enclosure on its own volition, nor shall such animal be kept in a house or structure where window screens or screen doors are the only obstacle preventing the animal from exiting the structure; and (2) All owners, keepers or harborers of fiers9, dangerous dogs shall display in a prominent place on their premises a sign, easily readable by the public from adjoining public roads or streets, using such words as "Beware of Dangerous Dog Animai° or other appropriate warning language, along with a similar sign that shall be posted on the kennel or pen of such animal. (3) Additional regulations shall be met as set forth in Section 4 -81(t) upon final determination of a dog as dangerous by the animal control supervisor or administrative hearing process. (b) If the animal control supervisor finds that there is sufficient cause to designate a dog as #ieFSe dangerous , written notification of that determination and all the facts known to him shall be delivered to the responsible party by registered mail, certified hand delivery, or service of process in conformance with Chapter 48, Florida Statutes. seatrel- sepewiseF. The notice shall inform the owner or keeper that the determination and any related fines may be appealed by providing, within seven (7) calendar days of receipt of the written notification, a written request for an administrative hearing: the request shall be delivered to the address provided on the written notice. If a request for a hearing is received more than seven (7) calendar days from the receipt of the written notification, the hearing officer shall be precluded from exercising jurisdiction, and the appeal shall be dismissed as untimely. Persons that seek an administrative hearing shall be responsible for all cost incurred and shall pay the cost for the administrative hearing officer before said hearing will be scheduled. (c) Appeal procedure. Upon receipt of a timely written request for an administrative hearing, the animal control supervisor shall schedule an administrative hearing to be held not later than 21 calendar days, and not sooner than five (5) days, after receipt of the written request. Determinations of dangerousness and fines based on the same incident shall be heard at the same administrative hearing. No person aggrieved by a determination to designate a dog as dangerous may appeal to the Court for relief unless he has first exhausted the remedies provided for herein and taken all available steps provided in this section. While an appeal is pending, the determination shall be staved, provided, however, that pending resolution of the appeal, the owner or keeper shall confine the dog as set forth by the animal control supervisor. If the animal control supervisor has confiscated the dog, the owner or keeper shall be responsible for payment of all boarding cost and other fees as may be required to humanely and safely keep the dog during an appeal. (bd) No owner or keeper shall permit are aaimai dog deemed fierGe, YiGieus GF dangerous, to be in noncompliance with the animal control supervisor's written order or any requirement of this sestieR cha ter. Failure to comply constitutes a violation of this chapter and subjects the owner or keeper to the penalties of this chapter and subjects the dQq aaimai to seizure as provided in this chapter. (set Any owner, keeper or harborer of #ierse, dangerous dogs , within ten days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed MiGiOUS GF dangerous, shall provide proof to the animal control supervisor and to any person claiming to have been injured by the animal that the owner has notified in writing, proof of service required, the insurer of the premises where the animal is kept. (4D All owners, keepers or harborers of fierGe, VOGIGUS GF dangerous dogs aflimals, within ten days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed V iGiews GF dangerous, shall provide the animal control supervisor with two color 11 photographs of the registered animal clearly showing the color and approximate size of the animal. (eg) All owners, keepers or harborers of #ieFSe, visieus of dangerous dogs animals must, within three days of the following incidents, report the following in writing to an animal control supervisor: (1) The removal from the county or death of a #ieme, visieas GF dangerous dog aRimal; (2) The b of oftpgno Gf a f ' . . daRgemus aRima, (32) The new address of a fierce visds eF dangerous doq animal if the owner moves within the county limits; and (43) The animal is on the loose, has been stolen or has attacked or bitten a person or animal ( #h) A dog that bites any person or domestic animal may be quarantined, as provided by F.S. § 767.13, or section 4 -44 of the Monroe County Code No dog may bite or attack a person or an animal, and may be determined to be dangerous ewisieas unless the bite or attack occurs in circumstances that exempt an animal from the definitions of dangerous-W visieus under this chapter. SECTION 7. Section 4 -81(t) shall be amended to read as follows: (t) Dangerous dag animal and idaim Fr. animal care. Every dangerous dog aF�iFaal shall be: M confined by its owner within a building or secure enclosure. A clearly visible warning sign informing the public of the Presence of a dangerous dog on the Property shall be Posted: 2Lsecurely muzzled or caged whenever off the premises of its owner; (3) vaccinated in accordance with Section 4 -64 of this chapter: (4) sterilized: and (5) implanted with a microchip. The microchip shall be registered by the owner with the national registry applicable to the microchip and the microchip number and other identifying information must be Provided to the animal control supervisor. SECTION 8. SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 9. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 10. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect as provided in section 125.66(2), Florida Statutes. 12 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 , 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA L -I n I: Mayor /Chairperson Deputy Clerk 13 ADDITIONAL BACK -UP Municode Page 1 of 6 (I C' U.Vren,'f a LC- Monroe County, Florida, Code of Ordinances >> PART I - GENERAL ORDINANCES >> Chanter 4 - ANIMALS >> ARTICLE I. - IN GENERAL >> ARTICLE I. - IN GENERAL Segc 4 -1. - Definitions. Sec, 42. S hort title a uthority and our0ose o rovisions. Sec, 4- . - Le rilslatiye f and intent. Sec, 4- 4�S urrend er of animal tQ a,n control suaervisor interfe with offic�rmance of dtattr. Sec. 4 -5. - Areas of enforcement, gc 46_ Right of bgArd to_ enac _ rules and reo fatal ions. Sec 4 - 7,., - Animals in county fewer than 30 days exemot. Secs 4- 8-4 -36 - Reserved. S ec. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or to leave an animal unattended for more than 24 hours, or to release the animal upon public roads or public or private lands, or to fail to provide adequate food, water, exercise or medical care. Animal means any living dumb creature, including any mammal, bird, fish, reptile, ferret, turtle, horse, mollusc, crustacean, or any other vertebrate other than a human being. Animal at large means any animal, other than a cat, that is not under the control, custody, charge or possession of the owner or other responsible person in attendance, by leash, secure fence or other means of confinement or restraint. Animal control officer means any person employed or appointed by the county for the purpose of enforcing county ordinances or state statutes pertaining to animal care and control, who is authorized to investigate on public or private property civil infractions relating to animal control or cruelty and to issue citations as provided in this chapter, and whose appointment is approved by the board of county commissioners, and whose appointment is approved by a judge of the county court or circuit court for the county. For purposes of enforcement of violations of this chapter, the terms "animal control officer" and "animal control supervisor" are interchangeable. Animal control shelter means a facility designated or recognized by the county or the state for the purpose of impounding and/or caring for animals, including a contract service provider, such as a local animal protection shelter, that may include a humane society. Animal control supervisor means a person who has been duly appointed as an animal control officer and who is: (1) The person, if the function of animal control is administered by county employees or if a single independent contractor has contracted for animal control services county-wide, who has authority and responsibility for all county animal shelters and to whom all duly appointed animal control officers shall report; or (2) Any person with authority and responsibility for one or more county animal shelters and to whom duly appointed animal control officers shall report by area under the jurisdiction of any single contractor, if the animal control functions within the county are administered by more than one independent contractor. Animal fighting means fighting between roosters or other birds or between dogs, or between other animals of the same species. Bait means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, the "baiting" means the use of live animals in the training of racing greyhounds. I- - ,. IW _ -,- - -____- .3 - - __ - A11no 1 1VG /7nl n Municode Page 2 of 6 Cat means any member of the species felis catus. Charging instrument means a writing or document that recites the mode of committing an offense. Citation means a charging instrument or written notice, issued to a person by an animal control officer or law enforcement officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge. The citation must contain: (1) The date and time of issuance; (2) The name and address of the person; (g) The date and time the civil infraction was committed; (q) The facts constituting probable cause; (5) The section of this Code violated; (8) The name and authority of the officer; (7) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court as required this section; (8) The applicable civil penalty if the person elects to contest the citation; (9) The applicable civil penalty if the person elects not to contest the citation; (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty; and (11) A conspicuous statement that if the person is required to appear in court as mandated by this section, he does not have the option of paying a fine in lieu of appearing in court. Commercial kennel or cattery means a facility that offers the services of a kennel or cattery for a profit. Cruelty means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal, and includes, but is not limited to, any omission of a duty to provide food and water, shelter, and health care which omission causes unjustifiable pain or suffering of an animal, and allowing pain or suffering to continue when there is reasonable remedy or relief. Dangerous animal means any animal that bites or attacks a person or an animal, but does not include the following: (1) An animal that bites or attacks a person or animal that provokes, torments, tortures, or treats the animal cruelly; or (2) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect itself or another animal or a person H that person is engaged in lawful activity and is the subject of an assault or battery or animal attack. Direct control means control that is immediate and continuous. Dog means any member of the species canis familiaris. Domesticated companion animal means an animal that has traditionally, through a long association with humans, lived in a state of dependence upon humans or has been traditionally kept as a household pet, including, but not limited to: dogs, cats, hamsters, gerbils, ferrets, mice, rabbits, parakeets, parrots, cockatiels, cockatoos, canaries, love birds, finches and tropical fish. Effective voice command means voice control within 20 feet by a competent person which at all times prevents the animal subject to the voice control from running at large or otherwise violating the provisions of this chapter. Ferret means any member of the species mustela furo. Fierce animal means any animal not dangerous or vicious but that frequently shows aggressive tendencies. Keeper means any person possessing or having custody of an animal. Kennel or cattery means any establishment, except a pet shop or animal protection shelter, wherein or whereon animals are kept for boarding, training, care and grooming, breeding, or stud services for remuneration, or sales of offspring or adult animals, but does not include a veterinarian hospital. Leash means a cord, strap or other like apparatus that is attached to an animal in an effort to control the movement of the animal by the holder thereof. U4.+—. Al)n0 1 nici , )nl n Municode Page 3 of 6 License certificate means a license document issued pursuant to this chapter. The board may by resolution authorize the license certificate and rabies vaccination certificate to be a combined document. License tag means a license tag, designed to be attached to an animal collar, issued pursuant to this chapter. Licensed veterinarian means a veterinarian licensed to practice in the state. Livestock means horses, stallions, colts, geldings, mares, sheep, rams, Iambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jenneys, burros, goats, kids, swine, and any other fur - bearing animals being raised in captivity, including those other animals recognized by the department of agriculture as being within the jurisdiction of its department. Neglect means failure to comply with the minimum requirements for animal care set forth in this chapter. Neutered or spayed means rendered permanently incapable of reproduction by surgical alteration, implantation of a device or other physical means, or permanently incapable of reproduction because of physiological sterility, but only where the neutered or spayed condition has been certified by a veterinarian licensed in any state. Notice means a notice to appear, unless the context of the chapter requires a different definition. Nuisance means the following: (�) An animal that habitually barks, howls, cries, screams or makes other bothersome noises any time of day or night; or (2) Any animal that, by its conduct or behavior, including, but not limited to, habitual or repeated destruction or soiling of any public or private property, habitual chasing of persons, cars or other vehicles, or running at large, causes a disturbance to the peace or causes injury or threat of injury to persons or property. Officer means any law enforcement officer defined in F.S. § 943.10, or any animal control officer. Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the governing body of a county or municipality, the violation of which is a civil infraction. Owner means any person or custodian in charge of an animal and includes any person having a right of property in the animal; or an authorized agent of the person having a right of property in the animal; every person who keeps or harbors the animal or has it in his care, custody or control; and any person who has the apparent authority to have a right of property in the animal. The term shall include every person who resides at the same address or permits an animal to remain on the premises in which that person resides, H such person is of legal age. Person means any individual, corporation, society, co- partnership, limited partnership, limited liability company, association, or any other legal or business entity. Knowledge and acts of agents and employees of corporations in regards to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation. Pet means any domesticated companion animal, excluding livestock, poultry, or wild animals, that is owned by any person. Poultry means any domestic fowl, ornamental birds, and game birds. Premises means a tract of land, including its dwelling units, buildings and other appurtenances. Provoke means to perform an act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an animal. Quarantine means strict confinement by leash, closed cage, paddock, or in any other manner, and in a place as approved by the animal control supervisor of all animals specified in the order. Rabies suspect animal means any animal that has bitten, scratched, or broken the skin of a human being, been in contact with or been bitten, scratched or has had its skin broken by a rabid animal; or any animal that shows symptoms suggestive of rabies. Rabies vaccination certificate means a certificate issued by a licensed veterinarian attesting that the animal has been inoculated against rabies. The certificate shall be Form 51, "Rabies Vaccination Certificate,' of the National Association of State Public Health Veterinarians or an equivalent form containing all the information required by such form. The form may be combined with the license certificate and the veterinarian who administers the rabies vaccine to the animal may affix his signature stamp in lieu of an actual signature. w — — a_ i n /,snnin Municode Page 4 of 6 Rabies vaccination tag means a tag, designed to be attached to an animal collar and containing the rabies vaccination certificate number. Sporting kennel or cattery means a facility that offers no services for profit, that maintains animals solely for the owner's sporting or hobby purposes, and that sells offspring and adult animals only on an occasional basis. The term "occasional basis" means animal sales of a frequency of no greater than one litter per fertile female per year. Tether means a rope or chain fastened to an animal and a stationery object to keep the animal within a certain boundary. Torment means an act or omission, including abandonment or neglect that causes pain, suffering, or distress to an animal, including mental or emotional distress as evidenced by the animal's altered behavior. Veterinary hospital means any establishment operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases, illnesses, and injuries of animals. Vicious animal. (�) The term "vicious animal' means any animal that has: a . Previously been declared a "dangerous animal" under this chapter or under F.S. § 828.27 ( b. A propensity, tendency, or disposition to attack, cause injury, or otherwise endanger the safety of persons or domesticated companion animals; or C. Behaved in such a manner that the owner knows or should have known that the animal had tendencies to bite or attack persons or other domestic companion animals. (2) The term does not include the following: a. An animal that bites or attacks a person or animal that provokes, torments, tortures, or treats the animal cruelly; or b. An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect itself or another animal or a person if that person is engaged in lawful activity and is the subject of an assault or battery or animal attack. Wild animal means any animal that is not a domesticated companion animal, or that is any crossbreed of wild animals with domestic animals, or any descendant of any crossbreed. Such animals include, but are not limited to: any venomous snake, python or constrictor snakes, owls, porcupines, monkeys, raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox, coyote, wolves, wolf- hybrids, wolverines, squirrels, bears, deer, chipmunks, moose, elk, rabbits, opossum, beavers, ground hogs, moles, gophers, mice /rodents, bats, birds, and any related fur or feathered nondomesticated companion animals. (Code 1979, § 3-3; Ord. No. 006 -2006, § 1) Sec. 4 -2. - Short title; authority and purpose of provisions. This chapter 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 the county. (Code 1979, § 3-1; Ord. No. 006.2006, § 1) Sec. 4 -3. - Legislative findings and intent. The board of county commissioners finds that ownership of an animal carries with it responsibilities to the county and the general public with regard to care and control of the animal. In interpretation and application, the provisions of this chapter shall be construed to impose a primary responsibility for compliance with this chapter on the owner of an animal. The board of county commissioners concludes that it is advisable to enact a revised animal control ordinance in the interest of protecting public health and safety, promoting the welfare of animals within the county and providing for the orderly and uniform administration of the provisions governing animal welfare and control. (�) The board of county commissioners finds that the presence of dangerous animals and vicious animals, as defined in this chapter, within the county creates an increased danger to public health and safety and to the welfare of other animals and people. I .. twi, Inisi1) nIn Municode Page 5 of 6 (2) The board of county commissioners finds that the authority endowed upon the county administrator to reassign and reallocate job functions may result in changes in the division director assigned responsibility by the county administrator for oversight of the animal control functions. (3) The board of county commissioners finds that it is inhumane to mistreat, neglect or abandon an animal. It is the intent of this chapter 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. (4) The board of county commissioners finds that proposed penalties for abandonment, permanent identification, breeding and spay /neuter requirements differ significantly from penalties existing on the books, which penalties are no longer commensurate with the severity of the violation, and, therefore, changes to this chapter need to incorporate a system of penalties designed to provide leniency and education for a first offense and a penalty of significance to act as a deterrent for subsequent offenses, and to provide uniformity to enhance the ability of animal control officers and the court to enforce the animal control laws. (5) Subsection 19- 153(b) of the Monroe County Code (repealed by Ordinance No. 006 -2006) limits domesticated animals to two per household, which conflicts with the four allowed per premises in section 4 -77. (6) The board of county commissioners finds that it is inhumane to chain, tether, or tie a dog to a stationary object or to confine it in a small space. (7) The board of county commissioners finds that pet overpopulation continues to have a negative impact on our communities by threatening the ecosystem and requiring enhanced animal control services. (8) The board of county commissioners finds that pets that find egress from fenced yards and other enclosures in order to seek out other animals are predominantly unaltered and become a nuisance by uncontrolled breeding and running at large. (9) The board of county commissioners finds that violations of the state statutes governing the treatment of animals are more likely to be addressed if this Code incorporates some of the statutory provisions to enable enforcement of such laws by local government officers. (10) It is the intent of the board of county commissioners that this chapter shall: a. Make provisions for penalties and contesting citations uniform; b. Eliminate inconsistencies and errors in this Code and make the codified provisions regarding animals easier to understand and apply; C. Provide incentives to those demonstrating responsible pet ownership; d. Impose penalties of significance in order to deter abandonment, mistreatment, and other inhumane action and to reduce the possibility of repeat violations by rendering the violators ineligible to adopt pets from county animal shelters; and e. Require pet owners to be fully responsible for their pets, to have them neutered or to take extraordinary precautions to prevent the pets from having further negative impacts caused by uncontrolled breeding, and requiring an exemption license, forfeitable for noncompliance. (Code 1979, § 3 -2; Ord. No. 006 -2006, § 1) I Sec. 4 -4. - Surrender of animal to animal control supervisor; interference with officer in performance of duty. It is unlawful for any person to refuse to surrender an animal upon lawful demand by the animal control supervisor or an animal control officer. It is unlawful for any person to attempt to take any animal from the custody of the animal control supervisor or an animal control officer or to attempt to take any animal from a county animal control shelter without permission of the animal control supervisor or animal control officers in the performance of their duties under this chapter. (Code 1979, § 3-25; Ord. No. 006 -2006, § 1) Sec. 4 -5. - Areas of enforcement. Pursuant to article VIII, section 1 of the Constitution of the State of Florida, the board may enforce this chapter throughout the unincorporated areas of the county, and within the incorporated areas of the county to the extent the chapter does not conflict with any municipal ordinance. I .. r".1 _. -I- - ---- - -= -- - - - - - AIno 1nisi ,)n>In Municode (Code 1979, § 3 -33; Ord. No. 006.2006, § 1) Page 6 of 6 Sec. 4 -6. - Right of board to enact rules and regulations. The board may enact reasonable rules and regulations to implement and carry out the provisions of this chapter, including, but not limited to, the right to regulate or exempt certain animals from this chapter, and the right to regulate the numbers and types of animals and the conditions under which they may be maintained in residentially zoned areas. (Code 1979, § 3 -32; Ord. No. 006 -2006, § 1) Sec. 4 -7. - Animals in county fewer than 30 days exempt. The vaccination and licensing provisions of this chapter shall not apply to animals that remain in the county for a period of fewer than 30 days. (Code 1979, § 3 -31; Ord. No. 006.2006, § 1) Secs. 4- 8 -4 -36. - Reserved. �.. «w...._.. /h ;L ,.._ -_ �__�__��� .- ...... /�... -.� .... � ...7i.�:....�Tn��A7QQ DAl1PC *�fl*tT % Z a % 7T%n7T17 1(1)5 /I1�ll ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 1 of 10 I Mon roe County, Florida, Code of Ordinances >> PART I - GENERAL ORDINANCES >> Ch, apter 4 - ANIMALS >> ARTICLE II. - ADMINISTRATION AND ENFORCEMENT >> i i I ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Sec 4 37- Constr mai ntenance of animal cont shelter; e contraclinr a nd - ointment of animal contro supervis and c., _. officers Sec 4-38. - Anima control officers a supervisors: qualifications, duties_ S ec. 4 -39. - Fees and monies_ col Sec. 4 -40. - Investictation. Sec 4 Susp or revocation of license, seizure of animals. Se 4-42. - Seizure, destruction of animals ad'udg�ed.nuisances: disposal of impounded animals• corn ensatlon to . owners, e xemption of feral cats fro t he five -day h oldin gpeno d, Sec 443 - Seizure of anim by property owners or te nantsdelivery,to a nimal control suery #so oundmenl and disposal; s tandard of care io be e xercised bv_selzin pady. Seq 4 44. -Qua rantin e provisions amrroundment and treatment of sick and inturd ani emals disposal of dead anim Sec. 4 -45 -jT oundinrt re by owner, distr of unre deemed d9gs and cats. S ec. 4 -46. ::..Enforcement, ti nes. Sec 4.47. - Animals fou i n distress- when a gent may take g hearinct _disp ositionsal_e, Secs, 4 -4 8— 4-63, _- Reserved. See. 4 -37.. - Construction; maintenance of animal control shelter; employing, contracting and appointment of animal control supervisor and officers. ( The board may purchase, lease or construct, and may operate and maintain animal control shelters to retain the following: (1) Animals at large; (2) Any fierce, vicious or dangerous animals not properly secured or restrained by the owner or keeper; (3) Animals that are nuisances, animals having or believed to have rabies or other infectious or contagious diseases; (4) Dogs not licensed and inoculated as required by this chapter; or (5) Any animal otherwise in violation of this chapter or required by this chapter to be impounded or quarantined. (b) The board may employ any person and/or contract with any private nongovernmental humane organization for the operation of animal shelter facilities and animal control responsibilities authorized by this chapter. When the board contracts with any society, association or corporation for the prevention of cruelty to animals to provide animal control and animal shelter services to the county, the contract shall provide for appointment of the entity's animal control supervisor and animal control officers as agents for the purpose of investigating violations of any of the provisions of F.S. ch. 828 and the provisions of this chapter. All animal control officers and supervisors, whether contracted or employed by the board, shall be appointed in the manner required by F.S. § 828.03(2), providing for the appointment of such officers to be approved by the board of county commissioners and a judge of the county or circuit court. (Code 1979, § 3 -4; Ord. No. 006-2006, § 1) Sec. 4 -38. - Animal control officers and supervisors; qualifications; duties. ( The animal control supervisor and animal control officers may catch, seize or pick up: (1) Any stray animal; (2) Any animal at large; (3) Any fierce, vicious or dangerous animal not properly restrained or secured by the owner or keeper; (4) Any animal carrying or believed to be carrying rabies or other infectious or contagious diseases; (5) Any animal that is a nuisance; (6) Any dog not licensed and inoculated as required by this chapter; (7) Any sick or injured animal for which the owner or keeper cannot be found after reasonable effort to do so, or for which the owner or keeper is unable or unwilling to provide proper care; (8) Any animal that has been found engaged in animal fighting that is prohibited by this chapter; or 1.... -_.. - ---IT T-rXArT n Amino n,...,.121T"Tl_r7nV OUA AM AV TIT AnVM html 1mmnnin ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 2 of 10 (g) Any other animal authorized by this chapter to be quarantined, impounded, caught, seized or picked up. (b) The animal control supervisor or his officers shall impound or otherwise dispose of such animals as provided under this chapter. (c) The animal control supervisor and animal control officer shall investigate complaints or actions allegedly in violation of this chapter and shall issue citations demanding that the violations cease or be corrected. Those animal control officers authorized to issue citations pursuant to F.S. § 828.27(1) i (b) and F.S. § 828.23(1)(f), have authority under this chapter. (d) Pursuant to law, the animal control supervisor and officers may enter public or unfenced private property within the county, except residential buildings, to carry out the duties imposed by this 1 chapter. (e) The animal control supervisor may declare an animal to be a "fierce animal,° °dangerous animal" or i °vicious animal' as defined by section 4 -1, and may order the owner of such animal to secure, restrain and confine it in a reasonable manner specified by the animal control supervisor. (f) The animal control officer shall fulfill the following duties: (1) The animal control officer shall promptly seize, take up and place in the animal protection I shelter, or contracted services provider, all animals being kept or harbored or found running at I large any place within the county contrary to the provisions of this chapter or the statutes of the i state. As to any cat found roaming or wandering on public property or private property other i than that of its owner, that is unrestrained, without its owner immediately and visibly present in a such area and without an identifying license tag, the animal control officer, after reasonable investigation, shall be vested with discretion to conclude that such cat is feral or abandoned by its owner and may seize and impound the cat in accordance with the provisions of this chapter. F I (2) The animal control officer shall be properly deputized as a peace or police officer for the purpose of this chapter. He shall have the legal authority and duty to issue appearance tickets, citations or summonses to those persons owning, keeping or harboring animals contrary to the provisions of this chapter. i g (3) The animal control officer shall dispose of impounded animals that are not claimed and i released within: a. Seven days if the animal has been chipped or tattooed or wears a license or rabies tag, i which chip, tattoo, rabies or license tag is registered with current information to facilitate i contact of the owner, or wears an identification tag with current information to facilitate I contact of the owner; or b. Five days if the animal is not able to be identified by one of the following methods: 1. Adoption by an individual person who meets adoption criteria for the animal; g i 2. Humane euthanasia under state statute if the animal is deemed unadoptable or cannot be placed within a reasonable time with a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter; or 3. Release to a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter. If, however, a dog or cat has a collar, license, or other evidence of ownership, the animal control officer shall notify the owner of the impoundment. Disposition of the animal shall then not be made until after five days from the date of confirmed delivery of a certified mailing or I notice of non - pick -up of the certified mail, unless the owner has, prior to the end of the five days, redeemed the animal or relinquished in writing ownership of the animal. The animal k control supervisor shall maintain a record of when the animal was acquired and under what a circumstances. This record shall also indicate the date of notice sent to the owner of an animal and any subsequent disposition of the animal. This section does not apply to animals that are sick or injured to the extent that the holding period would cause the animal to suffer. Regulations regarding the sale of animals from the animal protection shelter and boarding and ' other charges shall be posted in a conspicuous place at the animal control shelter. The bodies of all animals destroyed at the animal control shelter or elsewhere in the county shall be disposed of by the animal control officer in a manner approved by the county health i department and the board of county commissioners. Any animals voluntarily relinquished to the animal control shelter by their owners for disposition (not boarding) need not be kept for i the minimum period of five days before release or disposal of the animal by the animal control officer. (4) The animal control officer shall promptly investigate all animal bite cases involving human injury and shall search out and attempt to discover the animal involved. If the animal control officer finds the animal responsible for the bite, he shall either impound or quarantine the 1 animal for examination for disease in accordance with the applicable provisions of this chapter r and the statutes of the state. The animal control officer shall also be obliged to seize and impound any rabies - suspected animal and cause the animal to be either impounded or E quarantined for examination for disease in accordance with the provisions of this chapter. 1... 041 _ - -- _/fTrr1kXT 11 A f-UAAAT ADTTTAT WXTl,fml IWr%/ nln ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 3 of 10 (5) In response to a complaint of an animal at large or there being a clear indication of "animal in distress" as defined by F.S. § 828.12, the animal control officer is authorized and empowered in accordance with the provisions of this chapter to enter upon private premises (excepting entry into the private areas of buildings or enclosures constructed to provide privacy, unless in possession of a search warrant) for the purpose of inspecting those premises to determine if the owners of dogs, cats or animals harbored, kept or possessed on the premises have complied with the provisions of this chapter. The animal control officer is authorized and empowered to issue a citation to the owner of any dogs, cats or ferrets for whom no license has been procured in accordance with this chapter or for any other violation of this chapter. The provisions of this subsection shall include, but not be limited to, investigation of, and seizure for, cruelty to animals, and investigation and seizure of vicious or dangerous animals. (6) The animal control officer shall have the duty to inspect any kennel, a license for that has been issued by any state or county agency or their authorized officers, and shall have the duty to notify the licensing agency of any conditions that are unhealthy or inhumane to the animals kept in the kennel. (7) The animal control officer shall have the duty to investigate complaints of animals alleged to be dangerous animals or vicious animals, and shall have the right to seize, take up and impound such animals pending disposition pursuant to this chapter. (8) The animal control officer shall have the duty to investigate complaints of cruelty to or abandonment or neglect of animals and shall take such action as is required or permitted by the section of this chapter governing animals in distress. (9) The animal control officer shall be responsible for coordinating with the county administrator or his designated appointee the sale of licenses and the keeping of appropriate records and related books of account. (10) The animal control officer shall not sell, give or make available in any manner any live or dead animals of any species or any animal body parts or organs to be used for research, demonstration, experimental or any other purposes by any person, firm, corporation or institution, except to the extent necessary to comply with health laws and regulations concerning rabies. The animal control officer shall be responsible for disposition of the bodies of animals destroyed at the animal protection shelter in accordance with state law and regulations. (11) The animal control officer shall provide to the state attorney for investigation and possible prosecution information concerning suspected violations of the following: a. The provisions of F.S. § 828.122 governing fighting or baiting animals; b. The provisions of F.S. § 828.123 governing killing a dog or cat with intent to sell pelt and possession of pelts of dogs or cats with the intent to sell; C. The provisions of F.S. § 828.1231 governing the sale of garments or items of clothing containing dog or cat fur; d. The provisions of F.S. § 828.125 governing the killing or aggravated abuse of registered horses and cattle; and e. The provisions of F.S. § 828.29 governing the transportation into the state, and offering for sale of, dogs and cats. The county attorney is authorized to seek injunctive relief against continued violations of such statutes if an investigation discloses probable cause to believe the violations are occurring and there is no criminal prosecution of the violations. (12) The animal control officer shall have such other duties relating to the enforcement of this chapter as the board of commissioners may from time to time provide. (g) The animal control officer, in enforcing the provisions of this chapter and the statutes of the state pertaining to animals, may issue to the owner or keeper of an animal in violation of this chapter a citation containing a notice to pay a fine and/or appear in court or may make complaint to the State Attorney for the Sixteenth Judicial Circuit and to the circuit or county court in regard to any violations of this chapter. (h) No employee of the county or any contracted entity shall perform the duties of an animal control officer unless that person has been certified through the training program described in F.S. § 828.27 (4)(a). This provision shall not preclude employees who are not certified from providing care for animals, maintenance of animal living areas or attending to other operational and administrative duties of the animal control and sheltering functions. (Code 1979, § 3-5, Ord. No. 006 -2006, § 1; Ord. No. 022 -2006, §§ 1, 2) Sec. 4 -39. - Fees and monies collected. (a) The board may charge reasonable fees for licensure and for impounding and care of animals under this chapter. 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 1. �� «. //l a......... .�... «....�.7.. --- /TTTI►AT / A'%fN01i _ -...17 /TYTTf�T71 /"TTA A AT A TITTT A T%T XT L-1 1/N /G /nf%I f% ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 4 of 10 administering this chapter shall be paid from that fund. The board shall promulgate by resolution all charges to be paid under this chapter. For any dog, cat or ferret that has been adjudicated a dangerous animal pursuant to F.S. § 767.12, the license fees shall be increased by $15.00. (b) The board may provide for a system of fees that may include a system of discounts for responsible ownership, care and control of animals. In order for an owner to redeem any impounded animal, the required fees and all veterinary costs to provide such care necessary to sustain the animal in a humane manner while impounded shall be remitted to the animal control supervisor or officer. (c) All fees and monies collected by the animal control officers and supervisors shall be accounted for and turned over to the county clerk on or before the first of each and every month, or more often if reasonably necessary, under the standard practices of the clerk's accounting system. (Code 1979, § 3 -6; Ord. No. 006 -2006, § 1) Sec. 4 -40. - Investigation. (a) For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any animal control officer or any sheriff's deputy or police officer is empowered to enter upon any premises on which an animal is kept or harbored to demand the exhibition of a kennel license by the owner or operator thereof. (b) An animal control officer or any sheriff's deputy or police officer may enter unenclosed premises where an animal is kept upon reported information and belief that an animal is being held in a cruel or inhumane manner and demand to examine the animal and seize and impound the animal when, in his opinion, the animal is subjected to cruel or inhumane treatment, abandonment or neglect. (c) A sheriff's deputy or police officer may enter premises pursuant to right of entry laws governing criminal activity where an animal is kept in violation of the criminal laws of this state. (d) An animal control officer is authorized to request an administrative search warrant from the court if he has probable cause to believe that violations of F.S. ch. 828 that constitute a reasonable fear or expectation that an animal is subject to abandonment, abuse, injury, or neglect is contained within a building or other enclosure for which the officer is not authorized to enter absent a warrant. (Code 1979, § 3-23; Ord. No. 006.2006, § 1) Sec. 4 -41. - Suspension or revocation of license; seizure of animals. All suspensions and revocations of licenses and all seizures and impoundments of animals shall be in accordance with this chapter and with such rules and regulations as are adopted from time to time by the board of county commissioners. (Code 1979, § 3 -9; Ord. No. W6-2006, § 1) Sec. 4 -42. - Seizure, destruction of animals adjudged nuisances; disposal of impounded animals; compensation to owners; exemption of feral cats from the five - day holding period. (e) When a court of competent jurisdiction adjudges an animal a nuisance under this chapter or other law, the animal control supervisor or animal control officer may seize the animal and offer it for adoption, or destroy it in a humane manner. (b) The animal control supervisor may likewise offer for adoption, destroy or otherwise dispose of any animal impounded pursuant to this chapter but only according to the following procedure. Unless determined by a veterinarian to be diseased or in pain, an animal may not be destroyed during the first five working days after impoundment. In addition, an animal may not be adopted out or released to anyone other than its owner during the first five working days after impoundment. If the animal is not destroyed according to a veterinarian's determination or claimed by its owner during the initial five -day period, then the animal may be offered for adoption or destroyed if: (1) No owner exists; (2) An owner is not identified within five working days after attempts by the animal control supervisor to do so; (3) The owner exists but cannot be contacted after reasonable attempts by the animal control supervisor to do so for a reasonable period of time; or (4) An owner has been contacted but has by his actions, failure to act, or statements, indicated an intent to abandon the animal. (c) The animal control supervisor shall make every reasonable effort to identity and notity owners or keepers of the impoundment of their animal pursuant to this chapter, and such efforts shall be made for a reasonable period of time as determined by the board by resolution. However, where the animal control supervisor complies fully and makes every reasonable effort based on the situation to identity and notify such owners and keepers, and where such efforts fail, resulting in the adoption or destruction or other disposal of the animal, the animal control supervisor shall be deemed to have + rn', _...._e__J_ __— rtTrrlk ,rr 11 A 'In 0 /1 . _V2f1YTT/7T71nD l-uA AAT ADTTTATVPXT'ktrnl 1 n ARTICLE H. - ADMINISTRATION AND ENFORCEMENT Page 5 of 10 complied fully with due process of law, and no owner or keeper shall be entitled to any compensation for loss of the animal. (d) In the case of suspected feral cats, the animal control supervisor has the authority to hold and observe the suspected feral cat for a 72 -hour period; thereafter, if the cat is determined to be feral by the animal control supervisor, he has the authority to euthanize the feral cat prior to the five -day holding period. (e) Any animal voluntarily turned in to the animal control shelter for the purpose of euthanasia, or any animal that is sick, injured or otherwise suffering, need not be held for the requisite time periods set forth in this section. In such case, the animal control officer may immediately humanely destroy the animal in accordance with the standards of state statutes. (f) The animal control supervisor shall maintain a record of when, where and under what circumstances each animal was seized. The record must also include the dates of notices sent to owners and the disposition of each animal. (g) Any owner may redeem an animal from impoundment by executing a swom statement of ownership, furnishing a license and tag, as required by this chapter and state laws and paying all expenses associated with the seizure and impoundment of the animal. The animal control officer shall not release any impounded animal to an owner who has been convicted of animal cruelty, abandonment or neglect or other violations of state law or of this chapter without a court order following a show cause hearing in which the owner establishes that he can and will own and keep the animal in a humane fashion, and in accordance with state laws and this chapter. (Code 1979, § 3-21; Ord. No. 006-2006, § 1) Sec. 4 -43. - Seizure of animals by property owners or tenants; delivery to animal control supervisor; impoundment and disposal; standard of care to be exercised by seizing party. (a) 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 4 -67. Where such seizure is made, the property owner or tenant shall immediately deliver the animal to the animal control supervisor or animal control officer. The property owner or tenant shall treat the animal humanely and shall exercise utmost care to ensure the animal's safety and well being. (b) An animal control supervisor may impound any animal delivered by its owner, or by a property owner or tenant pursuant to subsection (a) of this section, and may release or dispose of the animal pursuant to this chapter. (c) 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 animal control supervisor. 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, sickness, 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 chapter and subject to the penalties herein. (Code 1979, § 3 -22; Ord. No. 006 -2006, § 1) Sec. 4 -44. - Quarantine provisions; impoundment and treatment of sick and injured animals; disposal of dead animals. (a) 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 animal control supervisor to have rabies, it shall be quarantined by a licensed veterinarian under the supervision of the animal control supervisor, or the animal may be held in quarantine at a county facility. The quarantine shall be for ten days. At the end of the ten -day quarantine, the owner shall pay all costs of quarantine and provide documentation to prove ownership and that the animal is currently protected by a rabies vaccination in order to redeem the animal. If, during the ten -day holding period, the animal displays symptoms of rabies, then an animal control officer shall humanely destroy the animal and immediately send the animal or sample specimen to a lab approved by the department of health. (b) The animal control supervisor 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 veterinarian to treat it. The animal control supervisor may accept sick or injured animals 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 animal control supervisor, 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 animal control supervisor shall make reasonable effort to notify the owner or keeper that the animal is impounded. The animal control supervisor shall charge the owner the applicable fee for ,,—, 1 _rcrrX4T 11 A rudAM AR TIT AiIFM html 1f)/5 / ?MO ARTICLE H. - ADMINISTRATION AND ENFORCEMENT Page 6 of 10 vaccination or licensing. When an impounded animal is not claimed within a reasonable period of time, as determined by board resolution, the animal control supervisor may transfer custody or 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. (c) When an animal dies, the owner or keeper of the animal shall dispose of the remains immediately. When the animal control supervisor or animal control officer 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 24 hours, the animal control supervisor 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 chapter and punished as provided herein. The animal control supervisor shall dispose of the remains of an animal that 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 F.S. § 823.041. (d) 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. (Code 1979, § 3 -26; Ord. No. 006 -2006, § 1) Sec. 4 -45. - Impounding, redeeming by owner, disposition of unredeemed dogs and cats. ( Impoundment authorized. Any dog found without a current tag or any animal found in violation of this chapter may be caught by an animal control officer or animal control supervisor, and imprisoned and i impounded at a place maintained or designated for that purpose. (b) Disposal of unredeemed animals; fees. 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, including a $100.00 fine if the animal was at large and is unneutered, for sterilization of the animal prior to release. This fine will be waived if the owner /caretaker agrees in an enforceable contract to after the animal prior to leaving the shelter. (c) Adoption of unclaimed animals. The fee for the adoption of an unclaimed animal shall be as adopted by the board of county commissioners plus any cost required by state statutes to qualify the animal 0 for adoption. (Code 1979, § 3 -27; Ord. No. 006 -2006, § 1; Ord. No. 022 -2006, § 8) F Sec. 4 -46. - Enforcement; fines. ( Violations observed. Upon observing a violation of this chapter, the animal control supervisor or a sworn animal control officer or any other law enforcement officer may either: (1) Issue a citation to the owner or keeper of the animal, that shall be in substantially the same form approved by board resolution for this purpose, and that shall contain: a. The date and time of the issuance of the citation; b. The name and address of the person cited; C. The date and time the civil infraction was committed; d. The facts constituting probable cause for the issuance of the citation; e. The ordinance violated; f. The name and authority of the officer issuing the citation; g. The procedure for the person to follow in order to pay the civil penalty or to contest the citation; h. A statement of the maximum civil penalty (not to exceed $500.00) that may be imposed if the person cited contests the citation and is determined to have violated the ordinance; i. A statement of the civil penalty payable if the person cited does not contest the citation; and j. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, or fails to appear in court as required by the citation, he shall be deemed to have waived his right to contest the citation, and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty of $500.00. In addition, if a person fails to pay the civil penalty, or fails to appear in court to contest the citation or fails to appear in court as required by the citation, the court may issue an order to show cause upon the request of the governing body of the county. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. I .. , 0•1_ .....,.. - --- NTrVXXT 11 A11non,.., 1'2nYrrr-T-7nv rerun Au AuTTien Frl t tml 1(1/5/�(11O ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 7 of 10 (2) Impound the animal that is the subject of the violation and commence prosecution of the offense pursuant to this chapter or F.S. § 828.27(1)(f) or any subsequent similar provision. (3) The following types of violation of this chapter require a mandatory court appearance by the person cited: a. Aggravated violations resulting in the unprovoked biting, attacking or wounding by a domestic animal; b. Violations resulting in the destruction or loss of personal property; C. Second or subsequent violations; or d. Violations resulting in the issuance of a third or subsequent citation. (4) Persons required to appear in court do not have the option of paying the fine instead of appearing in court. (5) The director of public works shall maintain records to prove the number of citations issued to any one person. (b) Complaints of violations not observed. Upon receipt of an affidavit of complaint signed by one person 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 animal control supervisor or a swom animal control officer or other law enforcement officer shall investigate the complaint to determine whether there is probable cause to believe a violation of this chapter has occurred. If probable cause exists, the animal control supervisor or a swom animal control officer shall commence prosecution of the offense pursuant to F.S. § 828.27(1) (f). (c) Punishment. Upon conviction, any person violating this chapter shall be punished as provided by law. Each day during which the violation continues shall be deemed a separate offense. (1) Civil infraction. Violations of any provision of this chapter shall constitute a civil infraction. The maximum civil penalty shall not exceed $500.00 per violation. (2) Court cost, surcharges and other special charges. Court costs, surcharges and other special charges shall be added by the clerk of the circuit court in the same manner and amounts as provided for class 1 noncriminal violations. (3) Uncontested citation; exceptions. If the party cited does not contest the citation, the penalty given shall be $100.00 except as follows: a. Violations of sections 4 -68, 4 -69, 4 -70, 4-72. Violation by an owner or keeper of a dog or cat of section 4 -68 governing abandonment, section 4 -69 governing spaying and neutering, section 4 -70 governing chaining and tethering, and section 4 -72 governing cruelty to animals, constitutes a civil infraction for which the owner or keeper of the animal shall be issued a citation by an officer having probable cause to believe a person has committed an act in violation of those sections. If the citation is paid, the citation eM-O he a ihic fn the fniinwinn nanaitian fnr Aar-h animal: b. Violators ineligible for pet redemption or adoption from a county animal shelter. 1, Second and subsequent violations of 4 -68 and 4 -70. Any person who has been cited for a violation of section 4 -68 or 4 -70 and who has not obtained a county court order dismissing the citation shall be ineligible to redeem or adopt any animal from a county animal shelter for a period of three years from the date of the citation. 2. Violations of section 4 -72. A person convicted of a violation of F.S. § 828.12, or cited for a violation of section 4 -72, which citation has not been dismissed or overruled by a court of law, shall not be permitted to adopt any animal from any county animal shelter until proof is provided that the person has undergone psychological counseling with regard to the violation or completed an anger management treatment program. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. C. Violation of litter registration requirement. For violation of the litter registration requirement, in addition to the $100.00 fine for a first offense and $250.00 fine for a second offense, the following additional penalty and waiver apply: 1. A $500.00 fine for the third and every subsequent offense; and 2. Waiver of the fine of $100.00 if resolution of the first offense includes the animal being spayed or neutered subsequent to giving birth to the litter. M ... #A-1 1 -1 - --- iTTlr7,XT 11 Alnon,....- 12rErrT!_1rnD f-T7AAW AV TIT ATIRNhtm1 M/5/7.010 First violation Warning Second violation Fine of $100.00 All subsequent violations Ffne of $250.00 b. Violators ineligible for pet redemption or adoption from a county animal shelter. 1, Second and subsequent violations of 4 -68 and 4 -70. Any person who has been cited for a violation of section 4 -68 or 4 -70 and who has not obtained a county court order dismissing the citation shall be ineligible to redeem or adopt any animal from a county animal shelter for a period of three years from the date of the citation. 2. Violations of section 4 -72. A person convicted of a violation of F.S. § 828.12, or cited for a violation of section 4 -72, which citation has not been dismissed or overruled by a court of law, shall not be permitted to adopt any animal from any county animal shelter until proof is provided that the person has undergone psychological counseling with regard to the violation or completed an anger management treatment program. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. C. Violation of litter registration requirement. For violation of the litter registration requirement, in addition to the $100.00 fine for a first offense and $250.00 fine for a second offense, the following additional penalty and waiver apply: 1. A $500.00 fine for the third and every subsequent offense; and 2. Waiver of the fine of $100.00 if resolution of the first offense includes the animal being spayed or neutered subsequent to giving birth to the litter. M ... #A-1 1 -1 - --- iTTlr7,XT 11 Alnon,....- 12rErrT!_1rnD f-T7AAW AV TIT ATIRNhtm1 M/5/7.010 ARTICLE H. - ADMINISTRATION AND ENFORCEMENT Page 8 of 10 d. Violation of section 4- 69(d). For violations of section 4- 69(d), the owner shall be fined an additional $100.00 per offense unless the owner agrees to have the animal altered as provided in that subsection. (4) County surcharge. For each civil penalty imposed for violation of an ordinance relating to animal control or cruelty in this chapter, a surcharge of $5.00 shall be paid by the person charged to the county. The proceeds from such surcharges shall be used to pay the costs of training for animal control officers. (5) Contesting citation. Anyone who receives a citation under this section may, within ten days of the issuance of the citation, petition the county court for a hearing on the merits. A copy of the petition shall be filed with the animal control office from which the citation was issued. Filing of the petition with the court shall stay the requirement to pay the fine until the date of the hearing scheduled by the court. Failure to appear at the scheduled hearing shall subject the petitioner to the remedies set forth in this chapter. (6) Show cause order. If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court when required by a citation mandating court appearance, the court may issue an order to show cause upon the request of the governing body of the county. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. (d) Failure to sign citation. Any person willfully refusing to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083, or a fine not to exceed $500.00 in addition to the civil penalty. (e) Each act or omission, per animal, a separate offense. A violation of this chapter as to each animal in the care, custody or control of a person constitutes a separate offense, each separate offense being subject to the penalties provided in this chapter. In all situations where penalties are provided for any act or omission, they shall be held to apply to each and every act or omission. When any act or omission is of a continuing character, each and every day's continuance of the act or omission constitutes a separate offense and a presumption of continuing harm and violation of this chapter that may be separately charged and punished according to the provisions of this chapter. (f) Proof of charged infractions. The commission of a charged infraction at a hearing authorized pursuant to this chapter must be proven by a preponderance of the evidence. (Code 1979, § 3 -24; Ord. No. 006 -2006, § 1; Ord. No. 022 -2006, § 7) Sec. 4 -47. - Animals found in distress; when agent may take charge; hearing; disposition; sale. ( The purpose of this section is to provide a means by which a neglected or mistreated animal can be: (1) Removed from its present custody; or (2) Made the subject of an order to provide care, issued to its owner by the county court, any law m enforcement officer, or any animal control officer, and given protection and an appropriate and g humane disposition made. (b) Any law enforcement officer or any animal control officer may: (1) Lawfully take custody of any animal found neglected or cruelly treated by removing the animal from its present location; or p (2) Order the owner of any animal found neglected or cruelly treated to provide certain care to the animal at the owner's expense without removal of the animal from its present location, and shall forthwith petition the county court judge wherein the animal is found for a hearing, to be set within 30 days after the date of seizure of the animal or issuance of the order to provide care and held not more than 15 days after the setting of such date, to determine whether the owner, if known, is able to provide adequately for the animal and is fit to have custody of the animal. The hearing shall be concluded and the court order entered thereon within 60 days after the date the hearing is commenced. No fee shall be charged for the filing of the petition. Nothing herein is intended to require court action for the taking into custody and making proper disposition of stray or abandoned animals as lawfully performed by animal control officers. (c) The officer or animal control officer taking charge of any animal pursuant to the provisions of this section shall have written notice served, at least five days prior to the hearing set forth in subsection (b) of this section, upon the owner of the animal, if he is known and is residing in the county where the animal was taken, in conformance with the provisions of F.S. ch. 48, relating to service of process. The sheriff of the county shall not charge a fee for service of such notice. If the owner of the animal is known but is residing outside of the county wherein the animal was taken, notice of the hearing shall be by publication in conformance with the provisions of F.S. ch. 49. (d) The officer or animal control officer taking charge of an animal as provided for in this section shall provide for the animal until either: ( 1 ) 0 11 90 -1 . .. -- - - -3- --- - IT T•T•X AT 11 A n-- .,-1'] 1TYPT!!1C7/1D !• 1 T-TA A XT A T)TTT A T T*T 16+n l 1 nisi17nl n