Item P13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January 21, 2004
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of an ordinance amending Chapter 3, providing definitions for Feral Animal and
Public Conservation Land; and for owners and mangers of public lands to deliver feral
animals to a not for profit sanctuary; and providing for adoption fees and conditions.
ITEM BACKGROUND:
State Florida Fish and Wildlife Conservation Commission adopted in May, 2003 a policy to
eradicate feral animals from State Lands. US Fish and Wildlife, in conjunction with State,
has commenced a program of trapping feral cats and turning them over to County Shelters,
in compliance with existing Code. This places undue burden (space and cost) to County
Shelters and almost guarantees euthanasia will be applied when, with revision to
ordinance, it can be allowed to deliver trapped feral cats to an animal sanctuary.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval to advertise for ONE PUBLIC HEARING on February 18, 2004 in Key Largo.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
Revenue ProduCing:
Amount Per Month - Year
APPROVED BY:
County Atty YES OMB/Purchasing N/ A Risk Management N/ A
DIVISION DIRECTOR APPROVAL: ~~~
J. CO INS
DOCUMENTATION: Included
x
To Follow
Not Required
AGENDA ITEM #
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ORDINANCE NO.
- 2004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING CHAPTER 3, MONROE
COUNTY CODE, PROVIDING DEFINITIONS OF ANIMALS AND PUBLIC
CONSERVATION LANDS; PROVIDING FOR CORRECTION OF A
TYPOGRAPHICAL ERROR OF A FLORIDA STATUTE CITE; PROVIDING
FOR OWNERS AND MANAGERS OF PUBLIC CONSERVATION LANDS TO
DELIVER FERAL ANIMALS TO AN ANIMAL SANCTUARY; PROVIDING
FOR ADOPTION FEES AND CONDITIONS; 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.
WHEREAS, the operators of animal shelters under contract with Monroe
County have encountered problems with animals adopted pursuant to the existing
County Code provisions, primarily through adopters circumventing the
requirements that the animal be sterilized and through subsequent negligent or
return to the shelter; and
WHEREAS, it is desired to add to Sec. 3-15(3) additional requirements for
the adoption of unclaimed animals; and
WHEREAS, it is desired to correct a typographical error of Florida Statutes
section number regarding prosecution; and
WHEREAS, the Florida Fish and Wildlife Conservation Commission adopted a
policy in May, 2003 to eradicate feral cats on State lands; and
WHEREAS, US Fish and Wildlife Service in conjunction with the Department
of Agriculture has begun trapping feral cats within the Crocodile Lake National
Wildlife Refuge in Key Largo and turning them into the Upper Keys Animal Shelter
in accord with Sec. 3-10, Monroe County Code; and
WHEREAS, the full enforcement of the established policy to eradicate feral
cats on public conservation land will place an inordinate burden on the animal
shelters of the Florida Keys; and
WHEREAS, the Board of County Commissioners finds that the existence of
feral cat colonies on public conservation land poses a serious treat to imperiled
species, for which the appropriate agency should have some responsibility; now,
therefore :
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 3-2(ab), Monroe County Code, is hereby created to read:
(ab) Feral animal means an animal that has escaped from
domestication or has been abandoned to the wild and has become wild, and
the offspring of such animals.
(ac) Public conservation land means land managed by local,
state or federal governments for conservation of natural resources, including
wildlife, to ensure future generations can enjoy those resources.
Section 2. Sec. 3-10(1), Monroe County Code is amended to read:
(1) It is lawful for an property owner or tenant of residential or
commercial property 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.
The property owner or tenant shall treat the animal humanely and shall
exercise utmost care to ensure the animal's safety and well being.
Section 3. Sec. 3-10(1)(a), Monroe County Code is created to read:
(a) It is lawful for an owner or manager of public conservation
land to seize in an humane manner any feral dog, cat or other animal running
at large on the owner's property in violation of section 3-7 of this chapter.
Where such seizure is made, the property owner or manager shall immediately
deliver the animal to either the department manager (or assistant) or an
animal sanctuary owned or operated by a not for profit organization. Delivery
of the animal to the department manager shall require payment of $100 per
animal to cover the cost of providing shelter and sustenance, as well as any
necessary veterinary treatment during the time period necessary to determine
if the animal can be placed for adoption and to cover the cost of humane
euthanasia should the animal prove to be unadoptable.
Section 4. Sec. 3-12(1)(b), Monroe County Code is amended to read:
(b) Impound the animal which is the subject of the violation
and commence prosecution of the offense pursuant to Florida Statutes section
828.21(1)(f) 828.27(1)(F).
Section 5. Sec. 3-15(3), Monroe County Code is amended to read:
anthelmintics, electronic animal identification devices and sterilization through
a private veterinarian upon payment of a $250 deposit. The deposit will be
refunded when proof is shown that the new owner has complied with these
requirements.
(c) if the animal becomes injured or sick while under the care
of the adopter and new owner. that person shall be required to pay all
necessary veterinary exoenses. If the adopter does not pay for said treatment
the animal must be relinquished to the department manager and the
adopter/owner shall lose all rights and claims to the animal.
(d) all potential adopters must agree to relinquish the adopted
dog or cat to its rightful owner after proof of ownership has been
demonstrated within the first month after the adoption and the previous owner
compensates the adopter for all expenses paid pursuant to subsections (a)
through (c). above. Thereafter, the previous owner shall have no rights and
claims to the animal due to said owner's neglect of said animal and failure to
adhere to the laws and regulations orohibiting neglect and abuse.
Section 6. 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 7. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 8. 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 9. 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
2004.
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGEI Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Jordanimal4
Mayor/Chairperson
MONROE COUNTY ATTORNEY
__AP_PROVED AS ;r OR