Item L05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:_2/16/00
Division:
BOCC
'';:,
Sulk Item: Yes
No x
--
Department:_ Commissioner Williams
AGENDA ITEM WORDING:
Discussion of Ordinance 03-2000 amending Section 3-15(2) relating to animal neutering,
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION:
TOT AL COST:
BUDGETED: Yes:
No:
COST TO COUNTY:
REVENUE PRODUCING: Yes:
No:
AMOUNT PER MONTH
YEAR
APPROVED BY: County Attomey_ OMS/Purchasing-------=--- Risk Manageme t
DIVISION DIRECTOR APPROVAL: \ h {,{. Ll~ .
DOCUMENTATION: Included:_ To Follow:_ Not Required:_x
Agenda Item #:J .L6
DISPOSITION:
J /\ N 3 1 2000
FILED FOR RECORD Public Works
00 JAH 2 7 P~ANCE NO 03 _ 2000
DANN~ L. lWLHAGt:
CU" CIR C. ~
AN ORDIN~W~~fOiDfVNI:"~~D OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING SECTION 3-15(2), MONROE COUNTY CODE,
IN ORDER TO CLARIFY THAT ANIMALS DETERMINED TO BE ADOPTABLE MAY
BE KEPT AT THE SHELTER IN EXCESS OF FIVE DAYS; PROVIDING HOWEVER
THAT SUCH ANIMALS MUST BE NEUTERED AND THE FEE CHARGED TO THE
PERSON ADOPTING THE ANIMAL OR. IF ANIMAL'S OWNER CLAIMS IT AFTER
FIVE DAYS THEN THE OWNER WILL BE CHARGED THE NEUTERING FEE IN LIEU
OF THE BOARDING FEES; 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.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY.
FLORIDA:
Section 1. Sec. 3-15(2). MCC. is hereby amended to read:
(2) Disposal of Unredeemed Animals: Fees. After a period of
confinement of five (5) days, those animals not claimed may be disposed of
through approved humane agencies, or otherwise in an humane manner. or if
deemed adoptable by shelter personnel, kept at the shelter pending
adoption. Animals kept for a period in excess of five days must be neutered.
The neutering fee will be charged to the person adopting the animal or. if the
animal's owner claims the animal after five days then the fee will be charged
to the owner in lieu of the otherwise applicable boarding fees. Animals shall
be released to owners on presentation of proof of ownership and after proper
inoculation. licensing and payment of fees, or if applicable, the neutering fee
in lieu of boarding fees.
Section 2.
If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. 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 5.
This ordinance shall take effect immediately upon receipt of official
notice from the Office of the Setretary of State of the State of Florida that this ordinance has
been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19th day of January
2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
. .~ ,;~:?~.:,<"';::' _ m~ss~oner George Neu~ent
/h::;:,' C-odtmlssloner Mary Kay Reich
/~:;::'('~~-::,..coriirhl~sioner Nora Willia ms
t{~ ..' ",' , ' \:, , ~ ~ :;\
f~' ~rSEALJ ' .'. }
\. ,t.. _ ' . , ..~
\)\t..t~st::D.ANNY L.KOLHAGE, Clerk
(j;i ~
By ~
eputy .t1erk
Yes
Yes
Yes
Yp9.
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By c:r;~-F~
Mayor/Chairman
jordiiianimals
HUMANE ANIMAL CARE COALITION, INC.
283 Saint Thomas Avenue
Key Largo, Florida 33037
(305) 453-0826
Fax (305) 451-1266
February 2, 2000
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Subject: Animal Control Ordinance No. 03-2000 dated Jan, 27, 2000.
Dear Nora, (Letter with attachments coming in mail.)
Today I received a copy of this new law that the Commissioners passed
at the last meeting. This is a very bad law for shelter animals, Monroe
County taxpayers and local Veterinarians. Please review again the
attached amended Ordinance Sec,3-15 (2) and the Florida State Law
823,15. In the name of shelter animals and good government, please
cancel these amended changes.
BACKGROUND: The amended Ordinance has two areas of concern:
(1) "Animals kept for a period in excess of five davs must be neutered. "
(2) ((,. .neuterinq fee in lieu of boardinq fees. "
RATIONAL: In reference to item (1): This new law would require the
Upper Keys animal shelter to get into the spay and neuter business that
is currently done by all the Upper Keys Veterinarians when the animals
are actually adopted, This law will effect 99% of the adoptable animals
that come into the shelter. This is well beyond the scope of our present
contract with Monroe County. This misguided law will also set a new
standard that is unheard of nationally for animal shelters that are
subsidized by public funds, Unless you know you can find good loving
homes for 100% of these animals, why would a caring person want to
put an animal through any unnecessary surgery? Remember there is
never enough good homes. Because of the animal overpopulation
problem Nationwide, about 70% of adoptable shelter animals are
euthanized each year.
Another reason why this law is so unnecessary is that current Florida
State Law 823.15 requires all animals adopted be spayed or neutered,
This law works great, 100%, no exceptions, of the animals at the Upper
Keys shelter are spayed or neutered before they leave, The new
adopters pay for this procedure, not public funding,
In reference to the above item (2). This is about money not spaying
and neutering, The boarding fees we collect for the County should be
viewed as public funds. My view is that public funds should not be used
to benefit a handful of people that break the law.
This law is completely without logic. It is based on owners that redeem
their animals after 5 working days. Please note this is a very rare
event. Most animals that are picked up or brought into the shelter are
redeemed the next day. It is very, very rare that an owner will come
forward after five working days. This law is clearly not needed.
We are your contractors; we have over 25 years of experience in
operating animal shelters, please use this experience. Recommend
future animal control laws be reviewed by us for comment before they
are submitted to you for a vote.
Also please note you are to review the renewal of our contract at the
next meeting in Key Largo, If this law stands we will need to reevaluate
our commitment to the County. Please respond to this letter prior to the
next meeting. We do not want to be put in a position that conflicts with
good humane animal care.
Best regards,
Thomas F. Garrettson
President, Humane Animal Care Coalition, Inc.
cc: County Commissioners
Beth Leto
Public Works
ORDINANCE NO - 2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, DECLARING THAT AN EMERGENCY
EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH'S VOTE; STRIKING
THE AMENDMENT TO SECTION 3-15(2), MONROE COUNTY CODE, IN
ORDINANCE NO. 03-2000 WHICH PROVIDED THAT ANY ANIMAL KEPT
AT THE SHELTER IN EXC.l=SS OF FIVE DAYS MUST BE NEUTERED WITH
THE COST DEDUCTED FROM ANY BOARDING FEES CHARGED TO THE
PERSON LATER CLAIMING THE ANIMAL AND WHICH PROVIDED
CERTAIN CRITERIA REGARDING THE ADOPTIBILlTY OF ANIMALS AND
REENACTING THE PRIOR VERSION OF SECTION 3-15(2), MONROE
COUNTY CODE, THAT DID NOT SO PROVIDE; 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, subsequent to the passage of Ordinance No, 03-2000, amending Sec. 3-15(2),
Monroe County Code, concerning the neutering of animals left at the animal shelters in excess of five
days, numerous person have expressed concern that the amendment poses potential harm to
domestic animals and trauma to their human owners; and
WHEREAS, the Board of County Commissioners desires to alleviate such harm and trauma as
soon as possible by restoring Sec. 3-15(2), MCC, to the language it had prior to Ordinance No, 03-
2000; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1.
An emergency is hereby declared and notices waived by a four-fIfth's vote.
Section 2.
Sec. 3-15(2), MCC, as amended by Ordinance No. 03-2000, is hereby,
reenacted and restored to its prior language to read as follows:
(2) Disposal of Unredeemed Animals: Fees. After a period of confinement
of five (5) days, those animals not claimed may be disposed of through approved
humane agencies, or otherwise in a humane manner, or if deemed adoptable by
shelter personnel, kept at the shelter pending adoption, Animals kept for a period in
excess of five days must be neutered. The neutering fee will be charged to the person
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adopting the animal or, if the animal's o'::ner claims the animal after five days then tho
foo v.(i11 be charged to the o\.mer in lieu of the otherwise applicable boarding fees.
Animals shall be released to owners on presentation of proof of ownership and after
proper inoculation, licensing and payment of fees. ,or if applicable, the neutering fee in
lieu of boarding fees.
Section 3.
If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4.
All ordinances,Qr parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict,
Section 5,
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 6.
This ordinance shall take effect when a certified copy of this ordinance has
been accepted by the postal authorities of the United States for special delivery by registered mail to
the Secretary of State of the State of Florida in accordance with the provisions of Florida Statute
125.66(3).
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 February, 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONER
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
Jordvanimals2