Ordinance 010-1995
Public Works Division
ORDINANCE NO. 010-1995
AN ORDINANCE SUPPLEMENTING AND ALTERING CHAPTER 3. MONROE
COUNTY CODE. PROVIDING FOR A DEFINITION OF PREMISES; PROVIDING
FOR PROCEDURAL CHANGES REGARDING THE HANDLING OF
"DANGEROUS ANIMALS"; PROVIDING FOR PROHIBITION OF DOGS ON
COUNTY BEACHES, PARKS. OR SCHOOL GROUNDS; PROVIDING FOR
PROCEDURES FOR RABIES VACCINATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCLUSION INTO THE MONROE COUNTY CODE; AND
PROVIDING FOR AN EFFECTIVE DATE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
Section 1,
Section 3-2, Monroe County Code, is supplemented to include
the definition of premises as such pertains to the numbers of animals allowable on the
premises pursuant to Sec, 3-16. Premises is hereby defined as: A tract of land, including
its dwelling units, buildings and other appurtenances.
Section 2,
Section 3-7(5), Monroe County Code, is hereby amended as
follows:
(51 It is unlawful for a dog owner or keeper to allow an
unleashed dog upon any county beach. park, or school grounds, It is
unlawful for a dog owner or keeper to permit the dog. either willfully,2)r
negligently, to defecate upon: ~ >-
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(a) Any public park or beach or school ground,
other than in an area designated for that
purpose; or
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(b) Any private property without the permission of -"
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If this subsection is violated, the department is authorized to remove the
dog or, in its discretion, to order the owner or keeper to do so, The owner
or keeper shall immediately remove any excrement deposited by the
dog. Failure to do so immediately shall constitute an additional violation
of this section.
Section 2.
The last paragraph of Sec, 3-8 is hereby amended to read
as follows:
, '
After a fierce, VICIOUS, or dangerous animal is seized by the
department and if the department makes an initial determination that
the animal is dangerous , prior to any further action regarding the
animal, the owner of the animal shall be contacted and informed of the
circumstances, Notice to the owner shall be provided by certified or
registered mail, or by service pursuant to Chapter 48, Florida Statutes.
The owner may file a written requests for a hearing within 7 calendar
days from the date of receipt of the notice, A hearing shall be held as
soon as possible but not more than 21 calendar days or sooner than 5
days after receipt of the request for same. The purpose of the hearing
shall be to examine the facts leading to the seizure of the animal and to
determine if the animal is fierce, vicious, or dangerous, The hearing shall
be conducted by the County's Code Enforcement Special Master, The
decision of the Special Master shall be considered final administrative
action,
Section 3 ,
Sec, 3-5( 1} , Monroe County Code is amended
as follows:
Sec,3-5, Vaccination of dogs and cats,
(1) Any resident person who owns or keeps a dog or cat four (4)
months old or older shall cause the dog or cat to be vaccinated
effectively against rabies with a United States Government approved
vaccine, by a licensed veterinarian, Evidence of vaccination shall
consist of a rabies vaccination certificate signed by the veterinarian
administering the vaccination and a county rabies vaccination tag
attached to the animal's collar.
The certificate shall contain:
a} A serialized certificate.
b} The name, address, and phone number of the owner,
c} The date of vaccination,
d} The expiration date of the vaccination,
e} The species, age, sex, color, breed, weight. and
name of the animal vaccinated,
f} The rabies vaccine manufacturer.
g} The vaccine lot number.
h} The type and brand of vaccine used,
I} the route of administration of the vaccine,
j) The signature of the licensed veterinarian,
No other vaccination certificate or tag shall be valid in Monroe County.
A license certificate and license tag issued for one animal is only valid for
the animal licensed and is not transferable, Violation of provisions
enacted pursuant to this section shall be a civil infraction, punishable as
provided in s, 828,27(2}, Fla, Stat.
I '
Section 4 .
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 5,
All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict,
Section 6,
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 7.
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
21st day of February, AD, 1995,
Mayor Freeman
Mayor Pro T em London
Commissioner Harvey
Commissioner Reich
Commissioner Douglass
ves
yes
yes
yes
yes
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
B~ic. ~
Deputy C erk
BOARD OF COUNTY COMMISSIONERS
OF MO~~E ~O~NTY, FL IDA
C:J .e~.....uu
By .\
M
EFFECTIVE DATE
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
March 1, 1995
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 010-1995.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal session on February 21, 1995. Please file
for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
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Deputy Clerk
cc: Municipal Code Corporation
County Commissioners
County Administrator
County Attorney
Public Works Director
Police Chief Ray Peterson, City of Key West
Sheriff Rick Roth
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FLORIDA DEPARTMENT OF STATE
Sandra B. Mortharn
Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
March 8/ 1995
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Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66/ Florida Statutes,
this will acknowledge your letters dated March 1, 1995 and
certified copy each of Monroe County Ordinance Nos. 95-09 and
95-10, which were filed in this office on March 8, 1995.
We notice that you did not include the Data Retrieval System
Coding Form for Ordinance Nos. 94-23 through 94-26 and 95-003.
Please send these at your earliest convenience. Enclosed are
several coding forms.
Si~~Y' ~
Liz CIZChief
Bureau of Administrative Code
, LC/mw
Enclosures
MUNICIPAL CODE CORPORATION
Supple.ent Deoart.ent
PO Box 2235
TdJlahas5e~1 FI 32316-2235
Supple/llent 56
.:/
03/22/95
We have received the following .aterial,
T,ank you for your assistanc, and cooperation.
,
.,
Drdlnance Nos, 009-1995 and 010-1995,
j "800-262-CODE (Ni tJ ana l>
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Deputy Clerk
Monroe County
PO Box 1980
Key W'5t, rl 33040
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Published Daily z~
Key \Vest, l\lonroe County, Florida ~3'040
STATE OF FLORIDA
COUNTY OF MONROE:
Before the undersigned authority personally appeared Randy Erickson, 'Nho on oath
says that he is Advertising Manager of The Key West Citizen, a daily newspaper published
at Key West in Monroe County, Florida; t~at the attached copy of the advertisement, being
a legal notice
in the mailer of
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Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail maiier 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 2.dvertisement; and, 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.
(
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(Signature of Affi2.nt)
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Sworn to and subscribed before me this ,j ~~ay of,,-fip~.( ,UJ-/
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I ...:~~'tt,;~... ' Ni,w;'( E. CETEI'i ture of Notary Public)
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( ame of Notary Public)
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" NOTICE OF INTENTION TO CON
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE.1S HEREBY GIVEN TC
WHOM- T MAY CONCERN that.or
Tuesday, -February 21, 1995, "at
10:00 a.m.'at the Marathon Govern-
f mentt Center, 2798 Overseas High-
way, Marathon, Monroe County,
Florida. the Board of County Corn-
missioners of Monroe County, Flor-
ida, intends to consider the adoption
of the following County ordinance:
ORDINANCE NO.-1995
AN ORDINANCE SUMP L-E--MEN T 1NG• _
SAND ALT_E-RING-CHAPrTER 3. MON--
ROE COUNTY CODE,-PROVIDING
FOR A:DEFINITION OF PREMISES;
PROVIDING FOR PROCEDURAL'
CHANGES REGARDING THE HAND
DLING OF "DANGEROUS AN•.I%"t
MALS"; PROVIDING FOR PROHIB1-
TION OF DOGS ON COUNT` •
BEACHES, PARKS, OR SCHOOIJf
GROUNDS; PROVIDING FOR PRO`p�'
CEDURES FOR RABI.E&VACCINA- ,
k TIONS; PROVIDING FOR SEVER
ABILITY; PROVIDING FOR REPEAL
I OF ALL ORDINANCES INCONSIS-
TENT HEREWITH; PROVIDING
FOR INCLUSION INTO THE MON-e
ROE COUNTY CODE; AND PRO-a;
VIDING FOR AN EFFECTIVE DATE.
!.Pursuant to Section 286.0105, Flor-;c,
I ida Statutes, notice is given that if av,
!.person decided to appeal any deci-
sion made.b.y the Board with respect •
to any matter considered at such
I hearings of meetings, he will need aq
record of the proceedings, and that,y
for such purpose, he may need to en-w ,
sure that a verbatim record of ther,1
proceedings is made, which record
includes the testimony and evidence
- upon which the appeal is to be
based. I
Copies of the above-referenced ordi-
jnance are available for review at the t
various public libraries in Monroe
County, Florida.
DATED at Key West, Florida, this '
,26th day of January, 1995..
DANNY L. KOLHAGE •
• Clerk of the Circuit Court and
ex officio Clerk of the Board ' y of County Commissioners of i
Monroe County,Florid
(January 29th&February.5th, i_9g
---.
~ E ,':P.\'EST
ITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE:
Before the undersigned authority personally appeared Randy Erickson, who on oath
says that he is Advertising Manager of The Key West Citizen, a daily newspaper published
at Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice
in the matter Of---f\JO~\'(-e- ()~ 1.1"\ 1~&'"'I~lbT\ I Su. f>P 1~rn~f\~rt\J
Qlna ~ \ 'kn'\V\r C~ pkr ~
~\IA
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issues of P-o.~l.AfAA'1
G
in the
court, was published in said newspaper in the
0. Of ~ ~~'\'lA~ "1 S,. tot. q5
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail 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 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.
(Signature of Affiant)
Sworn to and subscribed before me thi~~~ay of ~~~~ , 1995
V. ~
~~~)~~\:'~~~?;.._ " '.!~~,N~V~E.~ C-ETt~-i6nal~re of Notary Public)
;.: ~fs..' ~*' , C"~,',,l!;:lS,O;~ tI CC 354t24 ,;
~""rJ!l'LiL,J,fj EXf'IR,S. M:j!~r. 9, 1~~)!i :\
';';;:1.~;~-:\~~'" 8cr:ded Thn.! NO!iit'l ~~p.!~ Li~t~iVJf'(iarS li
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Type of Identification Produced
(Name of Notary Public)
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NOTICE OF INTENTION TOCO^-�
i GU��RADOPT|ONOFCOUNTY �' ( ' -- ORDINANCEWHOM IT MO%CON6t-PI.N.that on.
'Tuesday
� ��February. '^` ~"^ �"`
�10�0a. �
' moh¢ Cnn��"'� ="='^«/ uovon�
arathon, Monroe County,
Florida.- the Board of
_ .2798 Overseas High-
ounty, Flor-
ida,-intends to-consider the adoption
of^'`'
ollowing County ordinance:
AN ORDINANCE'SUPPLEMENTING
' AND ALTERING -
""cuuum/r uuE, PROVIDING FOR xDEFINITION
PROVIDING, FOR' —=--
� ! ' o '!
DANGEROUS AG THE �|' � '
MALG"; PROVIDING FOR PROHU5|`
� T|ON' OF DOGS ON COUNTY /
` BEACHES PARKS OR
GROUNDS; PR 0VG �� '-CEDURES FOR-RABIES VACCINA-
~`'~ rrnu'
` TIONS; PR(jVIDING FOR SEVER-
Oiz ALL-ORDINANCES
TENT HEREVV|TH�p ' `—
---'~� �
r FOR INCLUSION —N |NTOn�� �M' |
' ' ROE COUNTY ~`
VIDING'FOR AN EFFECTIVE DATE.
i _Pursuant to Section 286.0105, Flor-
ma Statutes, notice is given-that if a
person.decided to appeal any.deci-t
( to any—� ~~tter,,,,c6qLiqejiecL-at.,
~~
or
'bed z
. .ecvmcn mthat
for such purpose,
� sure that ' —--�e
P�Oceedings record of ^~
� includes the which^ record
� which the.,~. me appeal is to be'
based. � `
Copies of the above-referencednance are �
' ve�uun public: Uh� �'--for-review at the
i _p,,,^ .unos m Monroe,
' County,_ i
( at Key|28��dayofJanu ^�—` Florida "'� |
_ . � �"r/yox.
\
DANNyLKO
y�p !
Clerk ofot /
exoM��
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— ^'"���=°u/
M `C Florida.-
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BIIAVING THE UPPBA K.V&
FOR OYER 20 YEAR8
DAGNY WOLPP
IdlCOr . Plablllber
BOX 1197 . TAVERNIER, FLA. 33070
(305) 852.3218
FAX 852-8248
STATEMENT OF PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is
EDITOR and PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal
advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being
a LEGAL ADVERTISEMENT
IN THE MATTER OF_ADOPT. OF COUNTY ORDINANCE
IN THE Court, was published in said newspaper in the issues of _ 2/2 AND 2/9/95
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe
County, Florida, and that the said newspaper has heretofore been continuously published in the said
Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the
Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement;
and affiant further says that he has neither paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of securing this said advertisement for publication
in the said newspaper.
fit;), j~
SEAL ~
SWORN TO AND SUBSCRIBED BEFORE ME THIS _9TH_ DAY OF __FEBRUARY_A.D. , 1995__
/'~ii1'
LH!NGI~ /f)~,~ /? 4J.hU
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, ,NOTARY PUBLIC
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MY COMMISSION EX&'IJ~:
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'f~ OF Fla~'
Ov: ld El 83.:1
DAVEE A DOVE
My Commiulon CC431878
ExpiNe Feb, 06, 1999
Bondeld by ANB
800-852-5878
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF-COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN
that on Tuesday,February 21, 1995 10:00 A.M.at 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:• 6
- ---ORDINANCE NO: 1995 i
•
AN ORDINANCE SUPPLEMENTING AND ALTERING CHAP-
' TER3,MONA-OECOUNTYCODE,PROVIDINGFORADEFINITION
OF PREMISES;PROVIDING FOR PROCEDURAL CHANGES RE- -I,CARDING THE IIANDLING OF"DANGEROUS ANIMALS':,PRO-
VIDING FOR PROHIBITION OF DOGS ON COUNTY BEACHES,
I.'PARKS,OR SCHOOL GROUNDS;PROVIDING FOR PROCEDURES
FOR RABIES VACCINATIONS;PROVII)INGFORSEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH;PROVIDING FOR INCLUSION INTO THE MONROE .`.
COUNTY CODE;AND PROVIDING AN EFFECTIVE DATE. i
•
Pursuant to Section 286.0105,Florida Statutes,notice is given that I
if a person decided to appeal any decision made by the Board with respect
to any matter considered at such hearing or meeting,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.
Copies of the above-referenced ordinance are available for review. ;
at the various public libraries in Monroe County,Florida.
DATED at Key West,Florida,this 26th day of January.1995.
- DANNY I..KOLHAGE 1
- Clerk of the Circuit Court ,
- - and ex officio Clerk of the •
_ - - Board of County Commissioners
of Monroe County,Florida '
Published:2/2 and'2/9/95 - .
The Reporter
Tavernier,FL'33070 • .- -
"f
PROOF OF PUBLICATION r
THE•
FLORIDA KEYS KEYNOTER
- Published Twice Weekly
MARATHON, MONROE COUNTY,FLORIDA
STATE OF FLORIDA ) '
COUNTY OF MONROE)
Tom Tuell who on oath, says that he/she is
Before the undersigned authority personally appeared_�_ . _ Y
Editor_ of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
.n MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice 0 f Intention T o
Consider Adoption Of County Ordinance
'N THE MATTER OF: Ordinance Supplementing & Altering Chapter 3 Monroe County in the
Code ,
�_�______� ' Court was published in said newspaper in the issues of
February 1 , 8) 1995 � __��__�____
•
no.9316600 '
R
klliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper TOOCONS DEINTENTT ON
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
Japer has heretofore been continuously published in said MONROE COUN- on Tuesday,February 21, 1996,
at 10:00 A.M.,at the Marathon
Government Center,2798 Over-
CY, FLORIDA, twice each week (on Wednesday and Saturday) and has been seas Highway, Marathon;Mon-
roe Coun Florida,the Board of
altered as second class mail matter at the post office in MARATHON, in roe Co my adoptionFlorida; of the fol-
aid MONROE COUNTY, FLORIDA, for aperiod of oneyear next preceding
IowingCountyordinance:
P g ORDINANCE NO. -1996
he first publication of the attached copy of advertisement; and affiant fur- AN ORDINANCE SUPPLEMENT
ING AND ALTERING CHAPTER
I
Ph0V DUNG FOR A DEFINITOIOPE I
her says that he has neither paid nor promised any person; firm, or corpo- I OF PREMISES;PROVIDING FOR
PROCEDURAL CHANGES RE-
ation any discount, r ate, commission or refund for thepurpose of secur CARDING pTHE HANDLING OF
�p P P PROV DENG FOR PROHISITIOI'J
I OF DOGS ON COUNTY BEACH-
R
ng this advertimea4or publication in the said newspaper.(SEAL) ES, PARKS, OR SCHOOL
('� _�y.: PROC€DUKES R�OR IN RABIES
VACCINATIONS; PROVIDING
u...1 d- - �— FOR SEVERABILITI'; PROVID-.
ING FOR REPEAL OF ALL ORD1-
Q. .`:'- Z NANCES INCONSISTENT HERE-
h•-.WITH;PROVIDING FOR INCLU
N •
4 :�O '$ION INTO THE' MONROE
COUNTY CODE• AND'PROVID-
(1cca _ L ING FOR AN.EFFECTIVE DATE:
L1-- i:V Pursuant to Section 286.0106,
i.�Q— __ __ ----� Florida Statutes, notice is given
-- Z PS. that if a person decided to appeal
rL Z - any•declsion made by the Board
with respect to any matter con-
_..: (_� sidered atsuch hearings or meet-
-- L - ings,he will need a.record of the
4- _ e proceedings, and that.:for ouch
r •purpose,homey need•to.ensure
i .that a verbatim record of the pro-
seal) ceedings is made,which record
includes the testimony and evi-
•
yy ,ro busted which the appeal is.
1 4 t h Y Copies dines cceva are api abllic i b erren
WORN TO AND SUBSCRIBED BEFORE ME THIS e in
_MonroeCounty,Florida.
DATED.at Key West,Florida,this
28th day of January,1905.
• - DANNY L.KOLFiAGE
Clerk of the Circuit Court
'and ex officio Clerk of the
)A Y OF February A.D. 19 9 5 Board of County Commissioners
of Monroe County,Florida
srAit
Pubiieh:iFeb:1;8,1986 -
Q Fp
CAL R.FO��$TER • Florida Keys Keynoter
411 T; My Cotnni Exp. 1/03/9 — _•,..A2Lei.. ,
el.W.L.0 My-Service Ins
No. CC431326
I etsonally Known manna'
oaten L D.
1
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, February
21, 1995, at 10:00 a.m. at 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:
ORDINANCE NO. -1995
AN ORDINANCE SUPPLEMENTING AND ALTERING CHAPTER 3,
MONROE COUNTY CODE, PROVIDING FOR A DEFINITION OF
PREMISES; PROVIDING FOR PROCEDURAL CHANGES REGARDING
THE HANDLING OF "DANGEROUS ANIMALS"; PROVIDING FOR
PROHIBITION OF DOGS ON COUNTY BEACHES, PARKS, OR
SCHOOL GROUNDS; PROVIDING FOR PROCEDURES FOR RABIES
VACCINATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCLUSION INTO THE MONROE COUNTY CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
.
.\
>
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided
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.
Copies of the above-referenced ordinance are available for review at the various public
libraries in Monroe County, Florida.
Dated at Key West, Florida, this 26th day of January, 1995.
(SEAL)
DANNY L. KOLHAGE
Clerk of the Circuit Court and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
Public Works Division
ORDINANCE NO. -1995
AN ORDINANCE SUPPLEMENTING AND ALTERING CHAPTER 3, MONROE
COUNTY CODE, PROVIDING FOR A DEFINITION OF PREMISES; PROVIDING
FOR PROCEDURAL CHANGES REGARDING THE HANDLING OF
"DANGEROUS ANIMALS"; PROVIDING FOR PROHIBITION OF DOGS ON
COUNTY BEACHES, PARKS, OR SCHOOL GROUNDS; PROVIDING FOR
PROCEDURES FOR RABIES VACCINATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCLUSION INTO THE MONROE COUNTY CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA. that:
Section 1.
Section 3-2, Monroe County Code, is supplemented to include
the definition of premises as such pertains to the numbers of animals allowable on the
premises pursuant to Sec. 3-16. Premises is hereby defined as: A tract of land, including
its dwelling units, buildings and other appurtenances.
~
, \
Section 2,
Section 3-7(5), Monroe County G:ode, is hereby amended as
follows:
(5) It is unlawful for a dog owner or keeper to allow a dog
upon any county beach, park, or school crounds, It is unlawful for a doc
owner or keeper to permit the dog, either willfully, or negligently, to
defecate upon:
(aJ Any public park or beach or school ground,
other than in an area designated for that
purpose; or
(b) Any private property without the permission of
the property owner.
Whoro 1f this subsection is violated, the department is authorized to
remove the doc or, in its discretion, to order the owner or keeper to do
so. +Ae The owner or keeper shall immediately remove any feees
excrement deposited by the dog, Failure to do so immediately shall
constitute an additional violation of this section.
Section 2.
The last paragraph of Sec. 3-8 is hereby amended to read
as follows:
The dopartment manager shall make every reasonable offort to
identify and notify owners or koopers of tho impoundmont of their animal
pursuant to this chaptor, and such offorts shall be mado for a roasonablo
poriod of timo as dotormined by the board by resolution, However,
I '
"
where the department manager complies fully and makos overy
reasonable effort based on the situation to identify and notify such
ol/mars and keepers, and where such efforts fail, resulting in the adoption
or destruction or other disposal of tho animal, the department manager
shall be deemed to havo complied fully with due process of law. and no
owner or koeper shall be entitled to any oomponsation for loss of the
animal.
After a fierce. VICIOUS. or dancerous animal is seized by the
department and if the department makes an initial determination that
the animal is dancerous . prior to any further action regardinc the
animal, the owner of the animal shall be contacted and informed of the
circumstances, Notice to the owner shall be provided by certified or
recistered mail. or by service pursuant to Chapter 48. Florida Statutes,
The owner may file a written reauests for a hearinc within 7 calendar
days from the date of receipt of the notice, A hearinc shall be held a5
soon as possible but not more than 21 calendar days or sooner than 5
days after receipt of the reauest for same. The purpose of the hearing
shall be to examine the facts leading to the seizure of the animal and to
determine if the animal is fierce, vicious, or dancerous, The hearinc shall
be conducted by the County's Code Enforcement Special Master, The
decision of the Special Master shall be considered final administrative
action,
Section 3 .
See, 3-5 ( 1) , Monroe County Code is, amended
as follows:
Sec. 3-5. Vaccination of dogs and cats.
(1) Any resident person who owns or keeps a dog or car ~ four
ill months old or older shall cause the dog or cat to be vaccinated
effectively against rabies with a United States Government approved
vaccine. by a licensed veterinarian, Evidence of vaccination shall
consist of a rabies vaccination certificate signed by the veterinarian
administering the vaccination and a county rabies vaccination tag
attached to the animal's collar.
The certificate shall contain:
al A serialized certificate,
bl The name. address. and phone number of the owner.
cl The date of vaccination,
dl The expiration date of the vaccination,
el The species, aQe, sex. color, breed. weicht. and
name of the animal vaccinated,
fl The rabies vaccine manufacturer.
gl The vaccine lot number,
hI The type and brand of vaccine used,
I) the route of administration of the vaccine.
il The sicnature of the licensed veterinarian,
No other vaccination certificate or tag shall be valid in Monroe County,
A license certificate and license tag issued for one animal is only valid for
the animal licensed and is not transferable, Violation of provisions
I '
enacted pursuant to this section shall be a civil infraction. punishable as
provided in s. 828,27(2). Fla. Stat.
Section 4 .
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,
All ordinances or parts of ordinances in conflict with this
Section 5.
ordinance are hereby repealed to the extent of said conflict.
Section 6.
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 7.
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
, AD, 1995
Mayor Freeman
Mayor Pro Tem London
Commissioner Harvey
Commissioner Reich
Commissioner Douglass
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
EFFECTIVE DATE
bordanimal
By
r .
, '