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Ordinance 012-2019 ORDINANCE °12-2019 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 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. 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 of the Monroe County Code (MCC); and 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 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: SECTION 1: Section 4-1. Definitions. shall be amended for the following definitions:Animal at large, Direct control, Effective voice command, and Leash as follows: 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 8 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. 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 animals 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 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 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 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 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: (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 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. (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 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 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 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. 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 Yes 3 tv 4 Mayor Pro Tern Danny Kolhage Yes _ :;c, cca:: -74-1 �, ,. �ti � . Yes t- �==r Vti5, ,._ Commissioner Michelle Coldiron r ,Commissioner Heather CarruthersYes 1. ommissioner David RiceYew___ t-) :at- c> :::e -� BOARD OF COUNTY COMMISSIQPS b°�� VIN MADOK, Clerk OF MONRO COUNTY,FLORIDA •r"UN,' �w t4E , 674-4-,-4 By Deputy Clerk ayor/Chairperson MONROE COUNTY ATTORNEY LAP.IMAS TO FO ri ilre 4 CHRISTINE LIMBERT-BARROWS ASSISTANT C ATTORNEY DATE: The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800, Key West FL 33041 P. (305) 292-7777 ext. 219 F: (305) 295-8025 legais@keysnews.com MONROE CO ANIMAL CONTROL The Gato Building 1100 Simonton St. #2-216 KEY WEST FL 33040 Account: 143323 STATE OF FLORIDA COUNTY OF MONROE Ticket: 285718 PUBLISHER'S AFFIDAVIT Before the ndersi �! authority personally appeared 6 , who on oath says that he or she is (An P' ' I 02 of the Key West Citizen, a daily news- paper published in key WeWin Monroe County, Florida; that the attached copy of adverttisment, being a legal notice in the matter of AMENDING SECTION 4-1 was published in said newspaper in the issues of: Wednesday, March 27, 2019 V Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida every day, and has been entered as periodicals 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 or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publica- tion in the+said neweaauek _— of Affianij �subJcrib before me this th day of arch 2019—_._ (Notary Pulblic Printed Name) (Notary My commission expiresCn ����,,• 4►/HIIN Personally Known X Produced Identification _ C CD Type of Identification Produced�N�, 1 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 P.M., or as soon thereafter as may be heard, in the Marathon Gov- ernment Center, 2798 Overseas High- way, Marathon, Monroe County, Flori- da, 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 COUNTY COMMIS- SIONERS AMENDING SECTION 4-1 AND 4-67 OF THE MONROE COUNTY CODE; PROVIDING FOR REVISIONS TO THE AN- IMAL CONTROL PROVISIONS REGARD- ING ANIMALS RUNNING AT LARGE, ANIMAL CONFINEMENT AND LEASH REQUIREMENTS; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPO- RATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVID- ING 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 meet- ings, he will need a record of the pro- ceedings, and that, for such purpose, he may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to partici- pate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no lat- er than five (5) calendar days prior to the scheduled meeting; if you are hear- ing or voice impaired, call "711 ". Live Closed Captioning is available via our web portal 0 �n://monroecountvfl. i4m2.$)m for meetings of the Mon- roe County Board of County Commis- sioners. Dated at Key Largo, Florida, this 21st day of March, 2019. KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida 0327/19 Key West Citizen RECEIVED APR 12 2019 MONROE COUNTY ATTORNEY Puulic Notice NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE 15 HEREBY GIVEN TO WHOM IT MAY CONCERN that on April 17, 2019 at 3:00 P.M., or as soon thereafter as may be heard, in the Marathon Gov. ernment Center, 2798 Overseas High- way, Marathon, Monroe County, Flori- da, 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 COUNTY COMMIS- SIONERS AMENDING SECTION 4-1 AND 4-67 OF THE MONROE COUNTY CODE; PROVIDING FOR REVISIONS TO THE AN. IMAL CONTROL PROVISIONS REGARD- ING ANIMALS RUNNING AT LARGE, ANIMAL CONFINEMENT AND LEASH REQUIREMENTS; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPO- RATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVID- ING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Fionoa 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 meet- ings, he will need a record of the pro- ceedings, and that, for such purpose, he may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to partici- pate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no lat- er than five (5) calendar days prior to the scheduled meeting; if you are hear- ing or voice impaired, call "711 ". Live Closed Captioning is available via our web portal @ htto Hmonroecountvfl. iom2.com for meetings of the Mon- roe County Board of County Commis- sioners. Dated at Key Largo, Florida, this 21st day of March, 2019. KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida 03/27/19 Key West Citizen WEEKL Published Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared JASON KOLER who on oath, says that he is PUBLISHER of the WEEKLY NEWSPAPERS, a 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) 4% rc A . ff 6 /? Affiant further says that the said WEEKLY NEWSPAPERS 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, once each week (on Thursday) and has been qualified 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 Weekly Newspapers is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sw rn and ubscrib d before me tl a�'d y of � , 2019. 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 P.M., or as soon thereafter as may be heard, in the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ANORDINANCEOF THEMONROECOUNTY BOARDOF COUNTY COMMISSIONERS AMENDING SECTION 4-1 AND 4-67 OF THE MONROE COUNTY CODE; PROVIDING FOR REVISIONS TO THE ANIMAL 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 MONROE COUNTY CODE OF ORDINANCES; AND 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. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proSeeding, please contact the County Administrator's Office, by phoning (305) 292-4441, 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 @ http:// monroecountyfl.igm2. com for meetings of the Monroe County Board of County Commissioners. Dated at Key Largo, Florida, this 21" day of March, 2019. KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publish: March 28, 2019 The Weekly Newspapers CHARLOTTE HRUSKA c ` MY COMMISSION # OG 221835 ;rP EXPIRES: September 1, 2022 Bonded Thru Notary Public Underwriters RECEIVED APR 03 2019 MONROE COUNTY ATTORNEY Notary Marithon•Sunshine Kev-Bia Pine Kev.No Name Kev-Little, Middle & Big Torch Key -Ramrod KeyiSummerland Key-Cudjoe Key -Sugarloaf Key 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE RECEIVED APR I T 2019 MONROE COUNTY ATTORNEY Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the PdbiishTa for -the News=Barometer, -a-weekly- newspaper published each Friday -in -Big --Pine -Key,_ Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: LEGAL NOTICE: NOTICE OF INTENT, ANIMAL CONTROL: MONROE COUNTY ENGINEERING DEPARTMENT, 1100 SIMONTON STREET, ROOM 2-216, KEY WEST, FL 33040 was published in said newspaper in the issue(s) of: March 29, 2019 Affiant further says .that the News -Barometer is a weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in said Monroe County, Florida each week and has been entered as first-class mail matter at the post office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in said newspaper. ignature of Affiant a I subscribed before me this 5th day of April, 2019 Signature of Notary Printed Name f Notary Expires Personally Known Type of Identification Produced L1__ . Produced Identification MY COMMISSION # GG 160760 EXPIRES: November 15, 2021 Bonded Thru Notary Public Underwn'tem News Barometer March 29, 2019 LEGAL NOTICES 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 P.M., or as soon thereafter as may be heard, in the Marathon Government Center, 2798 Overseas 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 COUNTY COMMISSIONERS AMENDING SECTION 4-1 AND 4-67 OF THE MONROE COUNTY CODE; PROVIDING FOR REVISIONS TO THE ANIMAL 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 MONROE COUNTY CODE OF ORDINANCES; AND 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. ADA ASS/STANCE. If you are a person with a disability who needs special accommodations in order o participate in this proceeding, please contact the County Adntinistrato6 Office, by phoning (3QS) 292-4441, t between the hours of 8:30 a.m. - 5:00p.m., no later than five (S) calendar days prior to the scheduled meeting, ifyou are hearing or voice impaired, call "711 ". Live Closed Captioning is available via our web portal (a¢ httnmeetings of the Monroe County Board of Counly Commissioners. Dated at Key Largo, Florida, this 21" day of March, 2019. KEVIN MADOK, Clerk of the Circuit Court {SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN April 23, 2019 Department of State Administrative Code& Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It Mav Concern, Attached is an electronic copy of Ordinance No. 012-2019 amending Section 4-1 and 4-67 of the Monroe County Code; providing for revisions to the animal control provisions regarding animals running at large, animal confinement and leash requirements; providing for severability; providing for repeal of all Ordinances inconsistent herein; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on April 17, 2019. Should you have anv questions,please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by.•Pamela G. Hancock, D.C. cc: County Administrator County Attorney Facilities BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State April 23, 2019 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 012-2019, which was filed in this office on April 23, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.ft.us From: ords2municode.com To: Pete rs-Kajteri ne2 mon roecou ntv-fl.a ov; Hall CvnthiaC monroecounty-fl.gov; Pam Hancock;Schemper- Emily2 Mon roeCounty-FL.Gov Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 19 Update 1 Date: Wednesday,May 01,2019 9:07:48 AM Attachments: ATT00001.bin ATT00002.bin THIS IS AN AUTOMATICALLY GENERATED EMAIL Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 19 Update I Ordinance No. 012-2019 17/2019 4/26/2019 PDF (7/k Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.