Item C17 C.17
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
March 21, 2019
Agenda Item Number: C.17
Agenda Item Summary #5284
BULK ITEM: Yes DEPARTMENT: Animal Control
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert(305) 292-3470
No
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider adoption of an
Ordinance amending Section 4-1 and 4-67 of the Monroe County Code providing for revisions to the
Animal Control Regulations regarding Animals Running at Large, Animal Confinement and Leash
Requirements.
ITEM BACKGROUND: The Board of County Commissioners (BOCC) in 2010 revised the animal
control provisions via Ordinance 006-2006. The law currently allows for effective voice command as
an acceptable means of control from an animal running at large or otherwise violating the provisions
of Chapter 4 of the Monroe County Code (MCC). The use of"effective voice command" has failed in
certain situations and resulted in animals running at large causing actual or potential injury to other
animals and persons and therefore in order to prevent animals from running at large and avoid
potential injuries or nuisance situations, the MCC is being revised to no longer allow voice command
as a means of control and revises the leash requirement accordingly. Sec. 4-67 of the Monroe County
Code is also being revised to further clarify the language regarding animals running at large and
confinement of animals.
The draft ordinance was circulated to the County's Animal Control Contractors in Upper, Middle and
Lower Keys for review and comment. The Contractors have expressed no objection to the draft
ordnance and otherwise support the removal of the "effective voice command".
PREVIOUS RELEVANT BOCC ACTION: The BOCC passed Ordinance 006-2006 on March
15, 2006 and Ordinance No 30-2010 on October 20, 2010.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval as requested.
DOCUMENTATION:
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C.17
ORDINANCE Amending Sec 4-1 and 4-67 with changes noted
ORDINANCE Amending Sec 4-1 and 4-67 CLEAN
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising Cost
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Kevin Wilson Completed 02/27/2019 5:35 PM
Christine Limbert Completed 02/28/2019 9:08 AM
Budget and Finance Completed 02/28/2019 9:31 AM
Maria Slavik Completed 02/28/2019 9:56 AM
Kathy Peters Completed 02/28/2019 10:43 AM
Board of County Commissioners Pending 03/21/2019 9:00 AM
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C.17.a
ORDINANCE -2019 to
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AN ORDINANCE OF THE MONROE COUNTY BOARD OF 06
COUNTY COMMISSIONERS AMENDING SECTION 4-1
AND 4-67 OF THE MONROE COUNTY CODE;
PROVIDING FOR REVISIONS TO THE ANIMAL as
CONTROL PROVISIONS REGARDING ANIMALS A
RUNNING AT LARGE, ANIMAL CONFINEMENT AND
LEASH REQUIREMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
a
WHEREAS, the Board of County Commissioners (BOCC) in 2006
revised the animal control provisions via Ordinance 006-2006 and the leash law
requirements which allows for effective voice command as an acceptable means
of control from an animal running at large or otherwise violating the provisions 0
of Chapter 4 of the Monroe County Code(MCC); and
0
WHEREAS, effective voice command has failed in certain situations and
resulted in animals running at large causing actual or potential injury to other
animals and persons; and
0
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WHEREAS, in order to prevent animals from running at large and avoid
potential injuries or nuisance situations, the MCC is being revised to no longer
allow voice command; and
WHEREAS, Sec. 4-67 of the Monroe County Code will be revised to
further clarify the language regarding animals running at large and confinement
of animals;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
(Note: additional language is in underlined font and deleted language is in stt:i,ot40ttg1, font)
SECTION 1: Section 4-1. Definitions. shall be amended for the following
definitions: Animal at large, Direct control, Effective voice command, and Leash E
as follows: W
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Animal at large means any animal, other than a cat, not on the owner's property and t4at is
not under the direct control of the owner or other responsible person B
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Direct control means del&tt is immediate and continuous physical control of an animal
at all times such as by means of a leash, secured fence or other means of confinement. E
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C.17.a
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Leash means a cord, strap or other like apparatus that is of such strength to humanely restrain
the animal it is attached to mil, and which is controlled by a person capable of restraining U),
the animal-in an e .to eeftrel t4e movement of toe animal by*4e holder-thefee
SECTION 2: Section 4-67.-Animal at large prohibited; restraint of dangerous dogs;
nuisances; confinement of female dogs and cats in heat; curbing dogs shall be amended to
read as follows:
(a) No owner or keeper of an animal, other than a domestic cat,. shall 'V,411 tlly of negligently
allow the animal to run at large on any public property or on any private property of another I-
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 declared by the animal control supervisor to be dangerous shall
eit4e. ,,411 ft lly of „egli gendy allow the dog to run at large or to fail to secure, restrain or
confine the dog as ordered by the animal control supervisor or animal control officer pursuant
to this chapter.
(c) No animal owner or keeper shall permit e4hef wiliftilly of iwgligei4tly, the animal to be a
nuisance. The owner or keeper of any animal for which the owner or keeper has been given 0
notice that the animal constitutes a public nuisance shall take necessary precautions to abate U)
the nuisance. At a minimum, the owner or keeper shall immediately confine the animal in C
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, the owner or keeper shall
permanently confine the animal, have the animal destroyed by euthanasia by a licensed 3
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. M
(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
in a house, building or secure enclosure in such a manner 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 E
presumed to be, insufficient and not in compliance with this section, unless other measures
have been instituted to prevent uncontrolled breeding. W
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(e) The following regulations shall apply:
(1) No dog owner or keeper shall allow an unleashed dog upon any school grounds. B
W
(2) No dog owner or keeper shall, either willfully or negligently,permit the dog to defecate 0
upon any public property, except where designated by official signage, or on private E
property without the permission of the owner. A dog owner or keeper is required to
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C.17.a
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 direct control 06
of an animal on property other than his own shall be equipped to collect and shall collect 17
such animal's solid waste when eliminated.
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(3) Except for animals that assist disabled persons, domestic animals are prohibited from all U'
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 subsection 18-27(l), subject
to pet-friendly park restrictions specified therein. 0
(5) Except for animals that assist disabled persons, and animals that play a work-related role, 0
domestic animals are prohibited from all county facilities except where specifically
allowed by other sections of this Code or by resolution of the board.
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(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.
0
(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 3: SEVERABILITY. If any portion of this ordinance is for any reason held invalid r_
or declared to be unconstitutional, inoperative or void, such holding shall not affect the U)
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 4: 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 5: 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 6: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of state and shall be effective as provided in section 125.66(2), Florida Statutes. W
U
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 , 2019.
Mayor Sylvia Murphy
Mayor Pro Tem Danny Kolhage
Commissioner Michelle Coldiron
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C.17.a
Commissioner Heather Carruthers to
Commissioner David Rice 06
06
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By By
Deputy Clerk Mayor/Chairperson
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C.17.b
ORDINANCE -2019
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 4-1
AND 4-67 OF THE MONROE COUNTY CODE; 06
PROVIDING FOR REVISIONS TO THE ANIMAL
CONTROL PROVISIONS REGARDING ANIMALS
RUNNING AT LARGE, ANIMAL CONFINEMENT AND U)
LEASH REQUIREMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
as
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
0
WHEREAS, the Board of County Commissioners (BOCC) in 2006 0
revised the animal control provisions via Ordinance 006-2006 and the leash law
requirements which allows for effective voice command as an acceptable means
of control from an animal running at large or otherwise violating the provisions
of Chapter 4 of the Monroe County Code(MCC); and
0
WHEREAS, effective voice command has failed in certain situations and
resulted in animals running at large causing actual or potential injury to other 0
animals and persons; and
WHEREAS, in order to prevent animals from running at large and avoid
potential injuries or nuisance situations, the MCC is being revised to no longer W
allow voice command; and
WHEREAS, Sec. 4-67 of the Monroe County Code will be revised to
further clarify the language regarding animals running at large and confinement
of animals;
c�
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 4-1. Definitions. shall be amended for the following
definitions: Animal at large, Direct control, Effective voice command, and Leash W
as follows: z
Animal at large means any animal, other than a cat, not on the owner's property and not under
the direct control of the owner or other responsible person. 0
Direct control means immediate and continuous physical control of an animal at all times
such as by means of a leash, secured fence or other means of confinement.
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Leash means a cord, strap or other like apparatus that is of such strength to humanely restrain
the animal it is attached to, and which is controlled by a person capable of restraining the animal.
Packet Pg.429
C.17.b
SECTION 2: Section 4-67.-Animal at large prohibited; restraint of dangerous dogs;
nuisances; confinement of female dogs and cats in heat; curbing dogs shall be amended to
read as follows:
(a) No owner or keeper of an animal, other than a domestic cat, shall 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 T
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 declared by the animal control supervisor to be dangerous shall
allow the dog to run at large or to fail to secure, restrain or confine the dog as ordered by the
animal control supervisor or animal control officer pursuant to this chapter.
(c) No animal owner or keeper shall permit the animal to be a nuisance. The owner or keeper of I-
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 A
prevent the continuation of the nuisance. Within 14 days of receipt of notice that an animal
constitutes a public nuisance, 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 0
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 0
of this chapter.
(d) No owner or keeper shall permit a female dog or cat in heat (estrus) to be upon the streets or Z
in any public place. The owner or keeper of a female dog or cat in heat shall confine the animal <
in a house, building or secure enclosure in such a manner 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:
�s
(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 E
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 U
z
upon which the dog is not permitted to defecate.A person having custody or direct 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. 0
(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.
Packet Pg.430
C.17.b
(4) Pets are permitted to be taken to county parks as set forth in subsection 18-27(1), subject
to pet-friendly park restrictions specified therein.
(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 06
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 T
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 3: SEVERABILITY. If any portion of this ordinance is for any reason held invalid I-
or declared to be unconstitutional, inoperative or void, such holding shall not affect the 4-
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 4: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of 0
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
0
SECTION 5: 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 Z
uniform numbering system of the Code. W
�s
SECTION 6: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of state and shall be effective 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 17th day of April, 2019.
�s
Mayor Sylvia Murphy
Mayor Pro Tem Danny Kolhage
Commissioner Michelle Coldiron
Commissioner Heather Carruthers W
Commissioner David Rice z
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA 0
By By
Deputy Clerk Mayor/Chairperson
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