Item C02'
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: C.2
Agenda Item Summary #2412
BULK ITEM: DEPARTMENT:
Yes Project Management / Facilities
TIME APPROXIMATE:STAFF CONTACT:
Alice Steryou (305) 292-4549
None
AGENDA ITEM WORDING:
Approval of a Resolution authorizing an agent of Animal Control
Contractors to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and to
issue citations for violations of the Monroe County Code including requiring appearance for
disposition in County Court.
ITEM BACKGROUND:
Authorized animal control agents are appointed to enforce Chapter 4 of
the Monroe County Code and Section 828 of the Florida Statutes, issue citations for fines and/or
attend court. Per Sec. 828.03(2), F.S., their appointment is to be approved by a county or circuit
judge.
PREVIOUS RELEVANT BOCC ACTION:
Approval of previous Resolutions appointing animal
control officers. In Resolution 149-2015, Melissa Ogg was appointed an Animal Control Officer. In
Resolution 32-2016 on February 15, 2016 was removed as an Animal Control Officer because she
was not a current employee.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval
The signature block in the Resolution will need to be amended depending upon who is elected as
Mayor and Mayor Pro Tem at the November 22, 2016 BOCC meeting.
DOCUMENTATION:
ACO_Melissa Ogg Appointment
121416_ACO Cert of Appt FORM-Melissa Ogg
Reso Appt ACO_121416_Melissa Ogg
Resolution 032-2016_remove Melissa Ogg_Jennifer Rohlmann
FINANCIAL IMPACT:
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Effective Date: 12/14/16
Expiration Date: None
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted:N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant:N/A
County MatchN/A
:
Insurance Required:N/A
Additional Details: Reappointment of Animal Control Officer
The signature block in the Resolution will need to be amended depending upon who is elected as
Mayor and Mayor Pro Tem at the November 22, 2016 BOCC meeting.
None
REVIEWED BY:
Doug Sposito Completed 11/21/2016 11:08 AM
Christine Limbert Completed 11/21/2016 1:45 PM
Budget and Finance Completed 11/21/2016 2:38 PM
Maria Slavik Completed 11/21/2016 2:42 PM
Kathy Peters Completed 11/28/2016 12:18 PM
Board of County Commissioners Pending 12/14/2016 9:00 AM
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MELISSA OGG
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RESOLUTION NO. _-2016
ARESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OFMONROE
COUNTY, FLORIDA, AUTHORIZING AGENTSOF ANIMAL CONTROL
CONTRACTORSTO ENFORCE CHAPTER 4, MONROE COUNTY CODE, AND
CHAPTER 828, FLORIDA STATUTES, AND TO ISSUE CITATIONS FOR
VIOLATIONS OF THE MONROE COUNTY CODE, INCLUDING REQUIRING
APPEARANCE FOR DISPOSITION IN COUNTY COURT.
WHEREAS,
Florida Statutes Section 828.03 provides that agents of any society or association for
the prevention of cruelty to animals may appoint agents for the purpose of investigating violations of
Chapter 828, F.S., or any other law of the state for the purpose of protecting animals or preventing any act
of cruelty thereto; and
WHEREAS,
Monroe County Code Section 4-37(b)provides that Animal Control Agents of
corporations and associations contracting with Monroe County may be authorized by the Board of County
Commissioners to investigate violations of Chapter 828, Florida Statutes, and of Chapter 4, Monroe County
Code; and
WHEREAS,
Section 4-38,M.C.C.,authorizes animal control agents to enforce the provisions of
Chapter 4of the Code and Chapter 828 of the Florida Statutes, including issuance of citations for fines
and/or requiring appearance in court; and
WHEREAS,
Section 828.073, F.S., authorizes any law enforcement officer or any agent of any
county or any society or association for the prevention of cruelty to animals to take custody of any animal
“found neglected or cruelly treated” or to order the owner to provide certain care to theanimal,and then to
petition the county court judge for a hearing, with no fee to be charged for filing the petition; and
WHEREAS,
Section 828.073(5), F.S., provides for the Court to consider the testimony of the agent
or officer who seized the animaland other witnesses as to the condition of the animal; and
WHEREAS,
said Section4-37(b), M.C.C.,requires the appointments to be approved by a county or
circuit court judge, in compliance with Section 828.03(2), F.S.; now, therefore
BE IT RESOLVED BYTHE BOARD OF COUNTY COMMISSIONERS OF MONRE COUNTY,
FLORIDA
1.That the following animal control officerisauthorized to investigate any violations ofChapter 4,
Monroe County Code and Chapter 828, Florida Statutes, to issue citations for violations of said chapters, or
to require appearance in court, and to present testimonyfor disposition of any such violation in county
court:
MELISSA OGG
2.That this Resolution shall be forwarded to the Chief Judge of the Circuit Court for assignment to a
judge toreview for approval the appointments designated herein.
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3.That the mayor of Monroe County is authorized to execute acertificate of appointment for the agent
designated herein.
4.That this resolution shall take effect upon its approval the date written below.
PASSED ANDADOPTED
by the Board if County Commissioners of Monroe County, Florida, at a regular
meeting of said board held on the 14thof December,2016.
Mayor Heather Carruthers_____
Mayor Pro TemGeorge Neugent_____
Commissioner Danny L. Kolhage_____
Commissioner David Rice_____
Commissioner Sylvia Murphy_____
(SEAL)BOARD OF COUNTY COMMISSIONERS
ATTEST: Amy Heavilin, ClerkOF MONROE COUNTY, FLORIDA
By: ____________________________By: ________________________________
Deputy ClerkMayor/Chairman
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