Loading...
Item M2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 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: Approval to advertised tabled at June 20, 2001 meeting. CONTRACT I AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to advertise for public hearing on in TOTAL COST: COST TO COUNTY: BUDGETED: Yes 0 No 0 APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL ~ ~ ~CK DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # /'-'M-J- Board of County Commissioners ORDINANCE NO. - 2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING CERTAIN SECTIONS AND CREATING SECnONS 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 animal means any animal which has: (i) aa9ressivelv bitten or attacked a human or other animal without provocation. (jj) chased or aoproached a person or another animal uoon oublic streets. sidewalks or any other public arounds in a menacing fashion or aooarent attitude of attack, or D.ill 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. through contract or direct emoloyment. 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 deoartment manager's declaration that an animal is a danaerous animal. the owner may file with the Code Enforcement Office of Monroe County a written reauest for a hearina before the Soecial MClster to apoeal the classification. Section 4. Sec. 3-4(7), Monroe County Code, is hereby created to read: Aooeal orocedures. (a) Uoon receipt of a named owner's timelv reauest for an administrative hearing. a hearina shall be scheduled with the Soecial Master within twenty-one (21) calendar days. but no sooner than five (5) calendar days after receipt of the req~est of the owner. (b) A notice of hearina shall be sent bv first class mail to the named aopellant at the aooellant's address as it aopears 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 following: en Place. date and time of the hearing. (in Riaht of violator to be represented bv a lawver. (iii) Riaht of violator to oresent witnesses and evidence. (iv) Notice that failure of violator to attend hearina mav result in costs beina assessed against him or her. (v) Notice that requests for continuances will not be considered if not received by the Soecial Master at least ten (10) calendar days prior to the date set for hearina. (c) A hearing date shall not be oostponed or continued unless a request for c~tinuance. showing good cause for such continuance. is received in writing by the S ecial Master at least ten (10) calendar days prior to the date set for the hearing. (d) All hearings of the Soecial Master shall be open to the public. Assuming prooer notice. a hearing mav oroceed in the absence of the named violator. (e) The oroceedinas at the hearina shall be recorded and may be transcribed at the exoense of the partY requestina the transcriot. All testimony shall be under oath. (n The Clerk of the Board of County Commissioners shall provide clerical and administrative personnel as may be reasonably reauired by the Special Master for the prooer performance of his/her duties. (g) The hearina need not be conducted in accordance with the formal rules relatin~ to evidence and witnesses. Anv relevant evidence shall be admitted if the Soecial Master finds it comoetent and reliable. regardless of the existence of anv common law or statutory rule to the contrary. (h) Each partv shall have the riaht to call and examine witnesses: to introduce exhibits: to cross examine ooposina witnesses on anv matter relevant to the issues even thouah that matter was not covered in the direct examination: to imoeach anv witness regardless of which Darty first called him or her to testify: and to rebut the evidence against him/her. (i) The Soecial Master shall make findings of fact based on evidence of record. In order t~ make a findina upholding the dangerous dog determination. the Special Master must find that a oreoonderance of the evidence suooorts the determination. cn The fact-findina determination of the Special Master shall be limited to whether one (1) or more criteria listed in Sec. 3-2(n or Sec. 3-2(x) were met. Based upon this fact-findina determination. the Special Master shall either affirm or reverse the sufficient cause findinas of the Deoartment. If the decision of the Soecial Master is to affirm the Deoartment's decision. then the owner shall be responsible to pay the administrative costs of the hearina. (k) The Soecial Master shall have the power to: 0) Adoot orocedures for the conduct of hearings. (ii) Subooena alleaed violators and witnesses for hearinas. (Hi) Subpoena evidence. (iv) Take testimonv under oath. (v) Assess and order the oayment of administrative costs. (I) Once the doa is classified as a danaerous dog. Animal Control shall provide written notification to the owner bv registered mail. certified hand deliverv or service. (m) The owner mav file a written reauest for a hearing in the County Court to 2 appeal the classification within ten (10) business days after the receiot of the written notification of the danaerous dog classification. . (n) Monroe County may institute oroceedings in a court of comoetent lurisdiction to compel payment of administrative costs. and in that event. if the County ~revails. it shall be entitled to costs and attorney's fees incurred. (0) A certified coov of an order imoosina administrative costs may be recorded in the oublic records and thereafter shall constitute a lien a~ainst the land ~n which the violation exists or. if the violator does not own the land. uotn any other re...1 or oersonal oropertv owned by the violator. and it may be enforced in _he same manner as a court ludament by the sheriffs of this State. including levy aaainst the personal orope~. but shall not be deemed to be a court judament e~ePt for enforcement purposes. A~r one (1) year from the filina of any such lien whi h remains unoaid. Monroe Coun may foreclose or otherwise execute on the lien. (0) Durina the apoeal orocess the owner of the dog must confine the doc in a securelv fenced or enclosed area oendina a resolution of his or her aopeal. If the do~ was seized bv Animal Control prior to the declaration. the dog shall remain in the custody of Animal Control oendina resolution of the aooeal. Section 4. Sec. 3-4(8), Monroe County Code, is hereby created to read: (8) Within fourteen (14) days after a dog has been classified as danaerous bv Animal Control. or a danaerous doa classification is uoheld bv the County Court on aooeal. the owner of the dog must obtain a certificate of registration for the doa from Animal Control. The owner must renew the certificate annuallv. Certificates of registration and renewals thereof shall on Iv be issued to comoetent persons who are at least eighteen (18) years of age and who present to Animal Control sufficient evidence: (a) Of a current certificate of rabies vaccination for the dog: (b) That the doa shall be confined in a orooer enclosure of a danaerous doa: (c) That a c1earlv visible warning sian at all entry points informs both children and adults of the oresence of a dangerous doa on the orooerty: (d) Of oermanent identification of the doa. such as a tattoo on the inside thiah or electronic imolantation. (e) Of insurance in an amount of coveraae of no less than $10.000 for damaaes which may 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 reaistration 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 notify Animal Control in writing when a dog that has been classified as danaerous: (a) Is loose or unconfined; (b) Has bitten a human being or attacked another animal. 3 Section 6. Sec. 3-4(11), Monroe County Code, is hereby created to read: (11) Prior to a dangerous doa beina 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 comely with all of the reauirements of this chaeter. even if the animal is later moved from this Countv to another within the State. The owner of a danaerous doa must notifv Animal Control that the dog is in Monroe Countv within fortv-eight (48) hours of bringing the doa into the Countv. 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 doa to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained bv a chain or leash. and under the control of a comeetent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or reseiration. but will prevent it from bitina anv person or animal. When being transported. such doas shall be safely and securelv restrained within a vehicle. The owner may exercise the doa in a securely fenced or enclosed area that does not have a top. without a muzzle or leash. if the dog remains in his/her siaht and only members of the owner's immediate household or persons eiahteen (18) vears of age or older are allowed in the enclosure when the dog is present. Section 8. Sec. 3-7(S)(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 suescctioA 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. notifv Animal Control and keee the animal eendina return of the animal to its riahtful 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 ~Rd deliver 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 in contempt of court. Section 11. Sec. 3-12(3)(c), Monroe County Code, is hereby amended to read: 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 Derson licensed to sell animals. shall offer or aive away anv live animal as a Drize. Dromotion or as an inducement for business or benefit of an; kind. In addition to a fine of 100 as rovided in this Cha ter the animal s involv_; shall be seized b Animal Control in conformity with lawful orovisions aovernina seizure and dis osal. Section 13. Sec. 3-25, Monroe County Code, is hereby created to read: Sec. 3-25. Adeauate shelter. food and water to be provided. 5 (1) No person shall confine or allow his animal(s) to remain outside without access to approDriate shelter from the elements. The shelter will be structurallv sound. adequately ventilated. sanitary. dry and weatheroroof. ProDer 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 comfortablv. (2) All animals shall have fresh, Dotable drinking water and be provided with food that is nutritional for that species in adeauate 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 COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairperson Deputy Clerk JdordANIMALOl 6 FROM: FAX NO. May. 30 2001 08:20PM PI HUMANE ANIMAL CARE COALITION, INC. 283 Saint Thomas Avenue Key Largo, Florida 33037 (305) 453-0826 Fax (305) 451-1266 m~@~J1WJZ: UL MAY 3 1 2001 ,. May 30, 2001 Subject: Proposect Animal Care and COntrol Ordinances daled May 30,2001 To: Susanne Hutton, Gwen Hawtof, and Dent Pierce. ------ The fOllowing are comments in reference the proposed ordinances: 1. Danqerous animal. CUrrently the state's Attomey Office has responsibility for enforcement of the State Law 767.11 10 declare an animal dangerous. This is done following very specific procedures outlined In State Law, then argued in State Court. Once the state Court has made the detennination; Then County Ordinances are used to enforce the State Court decision. This proposed County Ordinance would shift this responsibility 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 wan~ we will not object, as long as a County Attomey will be assigned to corne to the Upper Keys to argue dangerous animal cases in traffic court. Additional note: recommend you drop all language on page 1, Section 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. Paae 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 il as found. We have many examples Of 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 lIWe chance of restoring the pet to the owner. Our experience is some people are keeping these animals and not reporting fhalthey 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 cases these cats are SOmeone's valuable pet that was rounded up, then they sell the cats and dispose of the cats nol sold. Another example, a Humane Society in the Upper Keys does not FROM: FAX NO. : Ma~. 30 2001 08:21P~ .P2 accept cats, only very small dogs. The lost small 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 Drizes or inducements. Page 5. Recommend you omit ~he animal(s) involved shall be seized and disposed of by animal control in conformity with lawful provisions governing seizure 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 left 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 is a good idea that works. Hope that in the near future we can come up with an impact fee to slow breeding of cats and dogs in the Keys. Best regards, 7thYJ Thomas F. Garrettson President. HACC. Inc.