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Item C37BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: April 17, 2013 DIVISION: Public Works/Engineering BULK ITEM: Yes x No DEPARTMENT: Animal Control STAFF CONTACT PERSON/PHONE NO Beth Leto/292-4560 AGENDA ITEM WORDING: Approval of a Resolution authorizing agents of an Animal Control Contractor to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and to issue citations for violations of the Monroe County Code including requiring appearance for disposition in County Court. ITEM BACKGROUND: Authorized animal control agents are appointed to enforce Chapter 4 of the Monroe County Code and Section 828 of the Florida Statutes, issue citations for fines and/or attend court. Per Sec. 828.03(2), F.S., their appointment is to be approved by a county or circuit judge. PREVIOUS RELEVANT BOCC ACTION: Approval of previous Resolutions appointing animal control officers. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. TOTAL COST: $ n/a INDIRECT COST: n/a BUDGETED: Yes: No: DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: SOURCE OF FUNDS: REVENUE GENERATED: Yes Na x APPROVED BY: County Atty: DOCUMENTATION: INCLUDED: OMB/Purchasing: Risk Management: NOT REQUIRED: DISPOSITION: AGENDA ITEM #: RESOLUTION NO. -2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING AN AGENT OF AN ANIMAL CONTROL CONTRACTOR TO ENFORCE CHAPTER 4, MONROE COUNTY CODE, AND CHAPTER 828, FLORIDA STATUTES, AND TO ISSUE CITATIONS FOR VIOLATIONS OF THE MONROE COUNTY CODE, INCLUDING REQUIRING APPEARANCE FOR DISPOSITION IN COUNTY COURT. WHEREAS, Florida Statutes Section 828.03 provides that agents of any society or association for the prevention of cruelty to animals may appoint agents for the purpose of investigating violations of Chapter 828, F.S., or any other law of the state for the purpose of protecting animals or preventing any act of cruelty thereto; and WHEREAS, Monroe County Code Section 4-37(b) provides that .Animal Control Agents of corporations and associations contracting with Monroe County may be authorized by the Board of County Commissioners to investigate violations of Chapter 828, Florida Statutes, and of Chapter 4, Monroe County Code; and WHEREAS, Section 4-38, M.C.C., authorizes animal control agents to enforce the provisions of Chapter 4 of the Code and Chapter 828 of the Florida Statutes, including issuance of citations for tines and/or requiring appearance in court; and WHEREAS, Section 828.073, F.S., authorizes any law enforcement officer or any agent of any county or any society or association for the prevention of cruelty to animals to take custody of any animal "found neglected or cruelly treated" or to order the owner to provide certain care to the animal, and then to petition the county court judge for a hearing, with no fee to be charged for filing the petition; and WHEREAS, Section 828.073(5), F.S., provides for the Court to consider the testimony of the agent or officer who seized the animal and other witnesses as to the condition of the animal; and WHEREAS, said Section 4-37(b), M.C.C., requires the appointments to be approved by a county or circuit court judge, in compliance with Section 828.03(2), F. S.; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONRE COUNTY, FLORIDA I. That the following animal control officer is authorized to investigate any violations of Chapter 4, Monroe County Code and Chapter 828, Florida Statutes, to issue citations for violations of said chapters, or to require appearance in court, and to present testimony for disposition of any such violation in county court: ADAM D. DAYTZ MITCHELL SMITH 2. That this Resolution shall be forwarded to the Chief Judge of the Circuit Court for assignment to a judge to review for approval the appointments designated herein. 3. That the mayor of Monroe County is authorized to execute certificates of appointment for the agents designated herein. 4. That this resolution shall take effect upon its approval the date written below. PASSED AND ADOPTED by the Board if County Commissioners of Monroe County, Florida, at a regular meeting of said board held on the 17th day of April, 2013. Mayor George Neugent Mayor Pro Tem. Heather Carruthers Commissioner Danny L. Kolhage Commissioner David Rice _ Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Amy Heavilin, Clerk OF MONROE COUNTY, FLORIDA I3 Deputy Clerk Mayor/Chairman d W ° c) C) E -�— r� 2 h L /V0' Vca - © 0 ' CO L i i OD 0 Q) 4- 401 ® ccCn 4- L 0 L ri 42) a ®Ln E 4- -° o LM L0 Z (D LL n LL V V T Q L v MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPOINTMENT PRESENTED TO ADA M D. DAYTZ IS HEREBY AUTHORIZED, PURSUANT TO SECTION 828.03, FLORIDA STATUTES, AND SECTION 4-37(B), MONROE COUNTY CODE, TO INVESTIGATE ANY VIOLATIONS OF CHAPTER 4, MONROE COUNTY CODE, AND CHAPTER 828, FLORIDA STATUTES, TO ISSUE CITATIONS FOR VIOLATIONS OF SAID CHAPTERS, OR TO APPEAR IN COURT AND TO PRESENT TESTIMONY FOR DISPOSITION OF ANY SUCH VIOLATION IN COUNTY COURT. GIVEN THIS 17TH DAY OF APRIL, 2013 GEORGE NEUGENIT MAYOR, MONROE COUNTY Approved by. Judge, County/Circuit Court 10 Judicial Circuit Monroe County State of Florida Date I Wito florida Aftimal Central RISOClatian Florida Animal Control Association's Certificate of Successful Completion of Forty Hours of Training to Become an ANIMAL CONTROL OFFICER as required by Flwida Statute 828.21(4)ja) Has Been Awarded To Mitchell Smith On The First Day of February Two Thousand Thirteen MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPOINTMENT PRESENTED TO MITCHELL SMITH IS HEREBY AUTHORIZED, PURSUANT TO SECTION 828.03, FLORIDA STATUTES, AND SECTION 4-37(B), MONROE COUNTY CODE, TO INVESTIGATE ANY VIOLATIONS OF CHAPTER 4, MONROE COUNTY CODE, AND CHAPTER 828, FLORIDA STATUTES, TO ISSUE CITATIONS FOR VIOLATIONS ❑F SAID CHAPTERS, OR TO APPEAR IN COURT AND TO PRESENT TESTIMONY FOR DISPOSITION OF ANY SUCH VIOLATION IN COUNTY COURT. GIVEN THIS 17TH DAY OF APRIL, 2013 GEORGE NEUGENT MAYOR, MONROE COUNTY Approved by: Judge, County/Circuit Court 161'h Judicial Circuit Monroe County State of Florida Date