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Item P2 P.2 G 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 April 17, 2019 Agenda Item Number: P.2 Agenda Item Summary #5351 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Christine Limbert(305) 292-3470 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: 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: 3/15/2006 (Q2) BOCC passed Ordinance 006-2006 10/20/2010 (S2) BOCC passed Ordinance No 30-2010 3/21/2019 (C17) BOCC scheduled a public hearing for April 17, 2019 in Marathon, FL at 3:00 P.M. or as soon thereafter as may be heard CONTRACT/AGREEMENT CHANGES: N/A Packet Pg. 2642 P.2 STAFF RECOMMENDATION: Approval. DOCUMENTATION: ORDINANCE Amending Sec 4-1 and 4-67 with changes noted ORDINANCE Amending Sec 4-1 and 4-67 CLEAN Notice of Int PH Ord animals running at large PH BOCC 4 17 19 (Includes POPs: Keys Weekly) 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: Christine Limbert Completed 03/29/2019 9:48 AM Bob Shillinger Completed 03/29/2019 11:52 AM Budget and Finance Completed 03/29/2019 4:46 PM Maria Slavik Completed 03/31/2019 5:43 PM Kathy Peters Completed 04/01/2019 4:41 PM Board of County Commissioners Pending 04/17/2019 9:00 AM Packet Pg. 2643 P.2.a ORDINANCE -2019 as AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 4-1 AND 4-67 OF THE MONROE COUNTY CODE; PROVIDING FOR REVISIONS TO THE ANIMAL E CONTROL PROVISIONS REGARDING ANIMALS RUNNING AT LARGE, ANIMAL CONFINEMENT AND LEASH REQUIREMENTS; PROVIDING FOR 06 SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE U) MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. T 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 r- U) 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) S 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 z Animal at large means any animal, other than a cat, not on the owner's property and t4at is not under the direct control etistedy, ehafge of pessessieti of the owner or other responsible person 0 Direct control means Ebel&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. Packet Pg. 2644 P.2.a 0 Leash means a cord, strap or other like apparatus that is of such strength to humanely restrain the animal it is attached to ftff-&niwa1, and which is controlled by a person capable of restraining the animal in an ef-fle4-tt6 e6att:el t4e movement 6f t4e animalby toe holder-ca€teei � 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: c� (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 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 0 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 C nuisance. The owner or keeper of any animal for which the owner or keeper has been given U) notice that the animal constitutes a public nuisance shall take necessary precautions to abate C 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, the owner or keeper shall3 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 M 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 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 E 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 W U 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 a 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 Packet Pg. 2645 P.2.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 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. 17 Iq (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. U) CD (5) Except for animals that assist disabled persons, and animals that play a work-related role, S domestic animals are prohibited from all county facilities except where specifically allowed by other sections of this Code or by resolution of the board. c� (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 I- the animal on any property other than that of the owner, whether the animal is lawfully 4- or unlawfully on the property. Failure to do so immediately shall constitute an additional violation of this section. 0 r_ SECTION 3: SEVERABILITY. If any portion of this ordinance is for any reason held invalid U) 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 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. E 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. z 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. 0 Mayor Sylvia Murphy Mayor Pro Tem Danny Kolhage Commissioner Michelle Coldiron Packet Pg. 2646 P.2.a Commissioner Heather Carruthers Commissioner David Rice (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA E E By By Deputy Clerk Mayor/Chairperson 06 a� a� a U Packet Pg. 2647 P.2.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; PROVIDING FOR REVISIONS TO THE ANIMAL CONTROL PROVISIONS REGARDING ANIMALS A RUNNING AT LARGE, ANIMAL CONFINEMENT AND LEASH REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; 06 PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 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 of Chapter 4 of the Monroe County Code(MCC); and WHEREAS, effective voice command has failed in certain situations and 0 resulted in animals running at large causing actual or potential injury to other animals and persons; and a z 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; �s 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 z as follows: z 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. 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. 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. 2648 P.2.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 A engaged in an organized animal exhibition, field trial, competition, legal sport or training for E 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 06 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. U) (c) No animal owner or keeper shall permit 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, 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 0 nuisance as required herein shall be deemed the maintaining of a public nuisance in violation of this chapter. a z (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 presumed to be, insufficient and not in compliance with this section, unless other measures have been instituted to prevent uncontrolled breeding. a� (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 E 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 U z 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 of an animal on property other than his own shall be equipped to collect and shall collect 0 such animal's solid waste when eliminated. a� (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. 2649 P.2.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 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 M its discretion, to order the owner or keeper to do so. E r_ (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 06 violation of this section. c� U) SECTION 3: 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 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 ~:1 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 W 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. 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. Mayor Sylvia Murphy Mayor Pro Tem Danny Kolhage Commissioner Michelle Coldiron Commissioner Heather Carruthers z Commissioner David Rice z (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA as By By Deputy Clerk Mayor/Chairperson Packet Pg. 2650 P.2.c NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on April 17, 2019 at 3:00 0 P.M., or as soon thereafter as may be heard,in the Marathon Government Center, 2798 Overseas I- Highway, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe � County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF g COUNTY COMMISSIONERS AMENDING SECTION 4-1 AND 4-67 OF THE MONROE COUNTY CODE; PROVIDING FOR REVISIONS TO THE ANIMAL 31 CONTROL PROVISIONS REGARDING ANIMALS RUNNING AT LARGE, ANIMAL CONFINEMENT AND LEASH REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE a MONROE COUNTY CODE OF ORDINANCES; AND U) PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that,for such purpose,he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 0 ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to IL participate in this proceeding,please contact the County Administrator's Office, by phoning (305) 292-4441, as between the hours of 8:30 a.m. -5:00 p.m., no later than five(5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call"711': Live Closed Captioning is available via our web portal @ htta monroecountVfl.i(m2.com for meetings of the Monroe County Board of County Commissioners. ° Dated at Key Largo, Florida, this 21 sf day of March, 2019. A KEVIN MADOK, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida IL Publication dates: KW Citizen (Wed) 3/27/19—Account#143323 (Animal Control) 4- Keys Weekly(Th) 3/28/19 -Account#1886 (Animal Control) c as News Barometer (Fr) 3/29/19 -Account#NB002 (Animal Control) 0 Packet Pg. 2651 P.2.c KEYS WEEKNOTICE OF INTEND TION CONHNEEi` I T AND TO COf SIDER' LEASH E UII� M NTS; =SLADOPTION OF COUNTY' PROVIDING 1OR RECEIVED 0 ORDINANCE SEYERABILITY, 0 NOTICE 1S HEREBY PROVIDING FOR REPEAL Published Weekly GI1rEN16WkOMITMAY OF ALL ORDINANCES � CONCERN that on Aprll INCONSISTENT HEREWITH R 1 � Marathon,Monroe County, Florida 17,2419,at 3 00M,or,as � PROVIDING FOR soon thereaffier as may be- INCORPORATION INTO PROOF PUBLICATION ' 1 hearctArrihoMarathon � THE MONROECOUNTY � mONROECOU'N" A1"0'ORN Y DIN � Govern-Center; CODE OF ORANCES 2T98 erseas Highway, AND PROYiDING,FOR,AN Marathon,Monroe County, EFFECTIVE DATE. I STATE � FLORIDA Hondo,the8„oard,of Pursuant to section County Corn sioners°of 286,0105,Florida statutes, � COUNTY OF MONROE Mon et-County,Florida,, notice,isgiven that if a InteStiA:o conslder;the, person;cecides to appeal O Before the undersigned authority adojtnsofth fiollilwtn9 any,decision madeby<the A personally appeared JASON KOLER who Countyordrnance 8orsr with respect to any A'fO li tANCEOF matter considered at such on oath, says that he is PUBLISHER of T1.1 � ROEC6UNTY�, � hearings,or meetings, BOAR F cpP. Y, hemit need a record of 1 the WEEKLY NEWSPAPERS, a weekly CpWM(SSIONERS_ the,proceedings,and Y newspaper published in Marathon, in AMENDING SECTION that,for such purpose, 0 4-1 AND 4=¢7 OF THE he may need to ensure Monroe County, Florida: that the MONR6E�COUNTYCODE, thataverbatim record of attached CO of advertisement 1A1a5 PROVIOINGFORREVISIONS the proceedingsismade, U copy TOTH,,ANIMALCONTRfJL which record includes the a71 published in said newspaper in the PR ISIONSIAA ,k ING testimony ano evidence � ANIMALS LIMNING, upon which the appeal is issues of:(date(s)of publication) ATLA'k6t,A IMAf: tobebased a „ADA ASSISTANCE:If you are a person with IL a disability who needs special accommodations in order to participate in this proceeding,please 6 contact the County Affiant further says that the said WEEKLY Administrator's Office,by NEWSPAPERS is a newspaper published between the hours of8:30 at Marathon, in said Monroe County, a.m.-5:0o.p.m.,no later Florida,and that the said newspaper has prior f5)calendar days prior to the scheduled heretofore been continuously published meeting if rvoicare hearing or voice impaired, In said Monroe County, Florida, once call"711°,Live Closed eachweek (on Thursday) an has been Captioning is available via our web portal @ http:fl IL qualified as a second class mail matter at manroecountyfl.Igm1 c��;iir,m eetIngs,of the the post office in Marathon, In Monroe Menrme Co, rity8dard,of County, Florida,for a period of one year County Commissioners. DatecLat Key Largo, next preceding the first publication of Fiorlda,this2l"clay; of March,20f9: the attached copy of advertisement.The KEVIN-MADOK,Clerk � affiant further says that he has neither andekocuroClert grid eat offido Clerk of paid nor promised any person, firm, or theBoardofCounty t) Commissioners of Monroe corporation any discount, rebate, coup otortdo, E commission or refund for the purpose of Publish: r- Mardi d2M11- securing this advertisement for The" eektyNowspapers 2 publication in the said newspaper(s)and that The WeekI dews a ers m in full IL compliance—With--Chatter 50 of the Florida State StatLites on Leoa and Official Advertisements � 0 Sworn and u� scrib d before e t 's of 019. {SEAL) .. d� CHARLOTTE HRUSKA a : My COMMISSION#GG 221335 EXPIRES:September 1,2022 Bonded Thru Notary Public Undenvittem Notary Packet Pg. 2652