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Item L2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2001 Division: County Attorney Bulk Item: Yes 0 No 0 AGENDA ITEM WORDING: Approval to advertise an ordinance amending certain sections and creating sections of Chapter 3, MCC, Animals and Fowl. ITEM BACKGROUND: FKSPCA requested changes to existing code to require adequate shelter and water for pets, prohibit use of animals as prizes and enhance provisions regarding dangerous dogs. Upper Keys Animal Shelter contractor not in complete agreement with these provisions, but their objections seem to be outweighed by the problems in the Lower Keys that need to be addressed (see letter attached). PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to advertise for public hearing on July 20, 2001 in Key West. TOTAL COST: COST TO COUNTY: BUDGETED: Yes 0 No 0 APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL: ~_~ JAME . HEN ICK DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # I.. L2. Board of County Commissioners ORDINANCE NO. - 2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING CERTAIN SECTIONS AND CREATING SECTIONS OF CHAPTER 3, MONROE COUNTY CODE, ANIMALS AND FOWL, 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. 3-2(f), Monroe County Code, is hereby amended to read: (f) Dangerous anima/ means any animal which has: (D aaaressively bitten or attacked a human or other animal without provocation. Oi) chased or aDproached a person or another animal UDon Dublic streets. sidewalks or anv other public arounds in a menacing fashion or aDparent attitude of attack, or .Gill which has been trained to attack on command. Section 2. Sec. 3-4(1), Monroe County Code, is hereby amended to read: (1) The board or its administrator is authorized to appoint or designate a suitable person to serve as animal control supervisor, hereinafter called "the department manager," to carry out the purposes of this chapter. The board shall pay the department manager. throuah contract or direct emDlovment. such compensation as the board deems proper. Section 3. Sec. 3-4(6), Monroe County Code, is hereby created to read: (6) Within seven (7) days of the deDartment manager's declaration that an animal is a dangerous animal. the owner may file with the Code Enforcement Office of Monroe County a written reauest for a hearina before the Special Master to aDDeal the classification. Section 4. Sec. 3-4(7), Monroe County Code, is hereby created to read: ADpeal procedures. (a) UDon receiDt of a named owner's timely reauest for an administrative hearina. a hearina shall be scheduled with the Special Master within twenty-one (21) calendar davs. but no sooner than five (5) calendar davs after receipt of the reauest of the owner. (b) A notice of hearing shall be sent by first class mail to the named aopellant at the aDpellant's address as it appears on the written request for aooeal or. if no address is noted thereon. the last known address of the aopellant. The notice for hearina shall include but not be limited to the followino: en Place. date and time of the hearing. (ii) Right of violator to be reDresented by a lawyer. (iiD Rioht of violator to present witnesses and evidence. (iv) Notice that failure of violator to attend hearing may result in costs beino assessed aoainst him or her. (v) Notice that requests for continuances will not be considered if not received by the SDecial Master at least ten (10) calendar days prior to the date set for hearino. (c) A hearing date shall not be Dostponed or continued unless a request for continuance. showing oood cause for such continuance. is received in writing by the Special Master at least ten (10) calendar davs Drior to the date set for the hearing. (d) All hearinos of the SDecial Master shall be open to the public. Assuming proper notice. a hearino mav proceed in the absence of the named violator. (e) The Droceedings at the hearing shall be recorded and may be transcribed at the eXDense of the partY reouesting the transcriDt. All testimony shall be under oath. (n The Clerk of the Board of County Commissioners shall Drovide clerical and administrative personnel as mav be reasonably reouired by the Special Master for the proDer performance of his/her duties. (g) The hearino need not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence shall be admitted if the Special Master finds it comDetent and reliable. reoardless of the existence of anv common law or statutory rule to the contrary. (h) Each Dartv shall have the rioht to call and examine witnesses: to introduce exhibits: to cross examine ODposino witnesses on anv matter relevant to the issues even thouoh that matter was not covered in the direct examination: to imDeach anv witness reoardless of which Dartv first called him or her to testifv: and to rebut the evidence against him/her. (i) The Special Master shall make findings of fact based on evidence of record. In order to make a findino upholding the danoerous dog determination. the SDecial Master must find that a DreDonderance of the evidence SUDDOrts the determination. (n The fact-finding determination of the Special Master shall be limited to whether one (1) or more criteria listed in Sec. 3-2(f) or Sec. 3-2(x) were met. Based UDon this fact-finding determination. the Special Master shall either affirm or reverse the sufficient cause findings of the Deoartment. If the decision of the Special Master is to affirm the Department's decision. then the owner shall be responsible to pay the administrative costs of the hearing. (k) The Special Master shall have the Dower to: (i) AdoDt orocedures for the conduct of hearings. Oi) Subooena alleoed violators and witnesses for hearinos. (iii) Subpoena evidence. (iv) Take testimony under oath. (v) Assess and order the pavment of administrative costs. (I) Once the dog is classified as a danoerous doo. Animal Control shall provide written notification to the owner by registered mail. certified hand deliverv or service. (m) The owner mav file a written request for a hearing in the Countv Court to 2 appeal the classification within ten (10) business days after the receiDt of the written notification of the danoerous doo classification. (n) Monroe County mav institute Droceedinos in a court of comDetent iurisdiction to compel pavment of administrative costs. and in that event. if the County Drevails. it shall be entitled to costs and attornev's fees incurred. (0) A certified CODY of an order imDosing administrative costs mav be recorded in the Dublic records and thereafter shall constitute a lien against the land ~n which the violation exists or. if the violator does not own the land. UDon any other real or Dersonal Droperty owned bv the violator. and it mav be enforced in the same manner as a court judoment by the sheriffs of this State. including levv against the personal prop~rty. but shall not be deemed to be a court judgment exceDt for enforcement purposes. A~r one 0) year from the filino of any such lien which remains unDaid. Monroe Coun may foreclose or otherwise execute on the lien. (p) Ourino the aDDeal Drocess the owner of the dog must confine the doo in a securely fenced or enclosed area pendino a resolution of his or her appeal. If the dog was seized by Animal Control prior to the declaration. the dog shall remain in the custodv of Animal Control Dending resolution of the aDpeal. Section 4. Sec. 3-4(8), Monroe County Code, is hereby created to read: (8) Within fourteen (14) davs after a doo has been classified as dangerous bv Animal Control. or a dan<;Jerous doo classification is uDheld bv the County Court on aDpeal. the owner of the dog must obtain a certificate of registration for the doo from Animal Control. The owner must renew the certificate annuallv. Certificates of reoistration and renewals thereof shall only be issued to comDetent Dersons who are at least eighteen (18) vears of aoe and who Dresent to Animal Control sufficient evidence: (a) Of a current certificate of rabies vaccination for the dog: (b) That the dog shall be confined in a proDer enclosure of a danoerous doo: Cd That a clearly visible warnino sion at all entry Doints informs both children and adults of the Dresence of a danoerous doo on the Droperty: (d) Of Dermanent identification of the doo. such as a tattoo on the inside thioh or electronic implantation. (e) Of insurance in an amount of coveraoe of no less than $10.000 for damaoes which mav be incurred through acts of the dangerous dog. Section 4. Sec. 3-4(9), Monroe County Code, is hereby created to read: (9) Prior to issuance of the certificate of reoistration and renewals thereof. the owner must Day Animal Control a fee set bv administrative order. Section 5. Sec. 3-4(10), Monroe County Code, is hereby created to read: (0) No later than twenty-four (24) hours after its occurrence. the owner shall notitv Animal Control in writing when a doo that has been classified as dangerous: (a) Is loose or unconfined: (b) Has bitten a human beino or attacked another animal. 3 Section 6. Sec. 3-4(11), Monroe County Code, is hereby created to read: (11) Prior to a dangerous dog being sold. given awav or moved. the owner shall provide the name. address. and telephone number of the new owner or residence. if moved. to Animal Control. The new owner must comDly with all of the reouirements of this chaoter. even if the animal is later moved from this County to another within the State. The owner of a dangerous doc must notify Animal Control that the dog is in Monroe County within fortv-eight (48) hours of bringing the dog into the County. Section 7. Sec. 3-4(12), Monroe County Code, is hereby created to read: (12) It shall be unlawful for the owner of a dangerous doc to Dermit the dog to be outside a proDer enclosure unless the doc is muzzled and restrained bv a chain or leash. and under the control of a comDetent Derson. The muzzle must be made in a manner that will not cause injurv to the dog or interfere with its vision or resoiration. but will Drevent it from biting any Derson or animal. When beino transDorted. such dogs shall be safely and securelv restrained within a vehicle. The owner mav exercise the doc in a securelv fenced or enclosed area that does not have a top. without a muzzle or leash. if the dog remains in his/her sioht and onlv members of the owner's immediate household or persons eiohteen (18) years of age or older are allowed in the enclosure when the doc is Dresent. Section 8. Sec. 3-7(5)(c), Monroe County Code, is hereby amended to read: (c) Except for animals that assist disabled persons, domestic animals are prohibited from all county parks and beaches not specified in subsection d this article or Chapter 13.5 to permit animals. 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 d. Section 9. Sec. 3-10, Monroe County Code, is hereby amended to read: The board finds and declares that problems of animal overpopulation in Monroe County require not only the resources of the county's animal control department, but also the aid and assistance of private deputies. Therefore~ (1) It is lawful for a property owner or tenant to seize in an humane manner any dog, cat or other animal running at large on his property in violation of section 3-7 of this chapter. Where such seizure is made, the property owner or tenant shall immediately deliver the animal to the department manager or his assistant. or. within 24 hours. notify Animal Control and keeo the animal pendino return of the animal to its rightful owner. The property owner or tenant shall treat the animal humanely and shall exercise utmost care to ensure the animal's safety and well being. The property owner shall deliver the animal to Animal Control if its being kept by owner would result in a violation of any local ordinance restricting the keeping of animals. (2) The department manager may impound any animal delivered by its owner, or by a property owner or tenant pursuant to paragraph (1), and may release or dispose of the animal pursuant to this chapter. (3) Any person who seizes an animal pursuant to this section shall exercise utmost care to treat the animal humanely and to avoid any injury, sickness, hunger or any other ailment or affliction whatsoever in both the seizure of the animal and the delivery of the animal to the department manager. Any person unable to comply with the foregoing for 4 . . any reason shall not seize ;:md dcli'Jcr any animal; and any person who does injure or maim any animal or who does subject an animal to hunger, sickness, or any other ailment or affliction, either intentionally or negligently, in the exercise of the person's authority under this section, is in violation of this chapter and subject to the penalties herein, Section 10. Sec. 3-12(1)(a), Monroe County Code, is hereby amended to read: (1) Violations Observed. Upon observing a violation of this chapter, the department manager or a sworn animal control officer or any other code or law enforcement officer may either: (a) Issue a citation to the owner or keeper of the animal, which shall contain: 1. The date and time of the issuance of the citation; 2. The name and address of the person cited; 3. The date and time the civil infraction was committed; 4. The facts constituting probable cause for the issuance of the citation; 5. The ordinance violated; 6. The name and authority of the officer issuing the citation; 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation; 8. A statement of the maximum civil penalty (not to exceed $500.00) which may be imposed if the person cited contests the citation and is determined to have violated the ordinance; 9. A statement of the civil penalty payable if the person cited does not contest the citation; 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, or fails to appear in court as required by the citation, he shall be deemed to have waived his right to contest the citation, and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty of five hundred dollars ($500.00). In addition, if a person fails to pay the civil penalty, or fails to appear in court to contest the citation or fails to appear in court as required by the citation, the court may issue an order to show cause upon the request of the governing body of the county. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held Lin contempt of court. Section 11. Sec. 3-12(3)(c), Monroe County Code, is hereby amended to read: (c) If the party cited does not contest the citation, the penalty giYeft Der violation shall be: (n $500 for keeping a dangerous animal without proper confinement or restraint: or (ii) one hundred dollars ($100.00) for all other violations. Section 12. Sec. 3-24, Monroe County Code, is hereby created to read: Sec. 3-24. Animals as Drizes or inducements. No Derson. other than a person licensed to sell animals. shall offer or Qive awav any live animal as a orize. promotion or as an inducement for business or benefit of anv kind. In addition to a fine of $100 as provided in this Chaoter. the animal(s) involved shall be seized by Animal Control in conformitv with lawful orovisions governinQ seizure and disposal. Section 13. Sec. 3-25, Monroe County Code, is hereby created to read: Sec. 3-25. AdeQuate shelter. food and water to be orovided. 5 (1) No Derson shall confine or allow his animal(s) to remain outside without access to approDriate shelter from the elements. The shelter will be structurally sound. adequatelv ventilated. sanitary. dry and weatherDroof. Proper shelter shall Drovide access to shade and protection from inclement weather conditions. Proper shelter shall be sufficient in size and space to allow the animals to stand to their full height. turn around. and lie down comfortably. (2) All animals shall have fresh. Dotable drinkino water and be Drovided with food that is nutritional for that species in adeouate amounts to maintain good health. Section 14. 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 15. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 16. 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 17. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary 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 day of , 2001. Mayor George Neugent Commissioner Charles McCoy Commissioner Murray Nelson Commissioner Dixie Spehar Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY, FLORIDA By By Deputy Clerk Mayor/Chairperson JdordANIMALOl 6 FROM : FAX NO. Ma~. 30 2001 00: 20PM PI HUMANE ANIMAL CARE COALITION, INC. 283 Saint Thomas Avenue Key largo, Florida 33037 (305) 453-0826 Fax (305) 451-1266 m 1]:@1]: JIWJ1; Ii Ute MAY 3 1 2001 :_' May 30, 2001 Subject: Proposed Animal Care and Control Ordinances dated May 30, 2001 To: Susanne Hutton, Gwen Hawtof, and Dent Pierce. The fOllowing are comments in reference the proposed ordinances: 1. Dangerous animal. Currently the state's Attorney Office has responsibility for enforcement of the State Law 767.11 to declare an animal dangerous. This is done following very specific procedures outlined in State law, then argUed in Slate Court. Once the stale Court has made the detennination; Then County Ordinances are used to enforce the State Court decision. This proposed County Ordinance would shift this responsibifity onto focal government and the County Attorney's Office to argue in traffic court, to declare an animal dangerous. This is a big change, if this is what you want, we will not objecl, as long as a County Attorney will be assigned to come to the Upper Keys to argue dangerous animal cases in traffic court. Additional note: recommend you drop all language on page 1, Seclion 2 (1) The board or ....; since all the shelters are now run by contractors, recommend replace WIth "Animal Control Authority", rational, keep it simple and easy to Understand, this phrase is also used in State Law. 2. Lost or Stray Animals. Page 4 Section 9. The intent of this Proposed law was to correct the problems where people' find and/or take an animal and keep it The current law is not clear on efforts to retum the animal to the owners, or to report it as found. We have many elCamplesof this and there is nothing currently we can legally do to fix this. 'It is nonnal practice for people to call the local shelter when their pet is lost: If the finder does not report or tum over the found animal to us, there is liltle chance of restoring the pet to the owner. Our experience is some people are keeping these animals and not reporting that they have found the animal. Examples of other problems that this law would also correct. A Veterinary Hospital in the Upper Keys has people collect cats to sell; in some casies these cats are someone's valuable pet that was rounded up, then they sell the cats and diSPDse of the cats not sold. Another example, a Humane Society in the Upper Keys does not FROM: FAX NO. : Ma~. 30 2001 08:21PM P2 accept cats, only very small dogs. The lost smalt dogs are then sold for $100.00. The right thing to do is to report the stray to animal control so we can get it back to the owner. We have good success in finding the owner, when the animal is given to us. Please reconsider using the proposed coordinated language we submitted last year. 3. Animals as orizes or inducements. Page 9.:. Recommend you omit "the animales) involved shall be seized and disposed of by animal control in conformity with lawful provisions governing sei~ure and disposal. D Rational, this is outside the scope of the intent of this recommended law, we wanted to focus only on the person that is giving the animal away. 4. Adequate shelter. Page 6. No change. 5. Breeding Impact Fee for Dogs and Cats, this coordinated law was not included in this package. The only people who would be against this type of law are backyard breeders and pet stores. legitimate breeders support this type of law_ As the FKSPCA and HAec are working very hard providing free spays and neuters to reduce the overpopulation of dogs and cats in the Keys. we have reft the door open for others to add to the problem. Dade County saw the need to fix this by adding impact fee to breeders and pet stores. This;s a good idea that works. Hope that in the near future we can come up with an impact fee to srow breeding of cats and dogs in the Keys. Best regards, 7hY1 Thomas F. Garrettson President, HAec. Inc. """',