Ordinance 018A-1995
County Attomey
ORDINANCE NO. 018A-1995
AN ORDINANCE AMENDING SEC. 3-8, MONROE COUNTY CODE. IN
ORDER TO CLARIFY THAT ANIMALS IMPOUNDED BY THE COUNTY MAY
NOT BE DESTROYED OR ADOPTED OUT DURING THE INITIAL FIVE
WORKING DAYS OF IMPOUNDMENT; PROVIDING FOR SEVERABILITY;
-.1'
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTBW _
HEREWITH; PROVIDING FOR INCLUSION INTO THE MONROE COU~__ :;,_
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.?~--
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONEIs OF
COUNTY, FLORIDA. that:
Section 1.
Section 3-8, Monroe County Code, is hereby amended to read as
follows:
Sec. 3-8. Seizures. destruction of animals adjudged nuisances; disposal of
impounded animals; compensation to owners.
When a court of competent jurisdiction adjudges an animal a nuisance under this
chapter or other law, the department manager or authorized assistant may seize the
animal and offer it for adoption, or destroy it in a humane manner. The department
manager may likewise offer for adoption, destroy or otherwise dispose of any animal
impounded pursuant to this chapter but only according to the following procedure.
Unless determined by a veterinarian to be diseased or in pain, an animal may not be
destroyed during the first five working days after impoundment. In addition, an animal
may not be adopted out or released to anyone other than its owner during the first five
working days after impoundment. If the animal is not destroyed according to a
veterinarian I S determination or claimed by its owner during the initial five day period,
then the animal may be offered for adoption or destroyed if:
(1) No owner exists; or
(2) An owner is not identified within five (5) working days after attempts
by the department manager to do so; or
(3) The owner exists but cannot be contacted after reasonable
attempts by the department manager to do so for a reasonable period of
time; or
(4) An owner has been contacted but has by his/her actions, failure to
act, or statements, indicated an intent to abandon the animal.
The department manager shall make every reasonable effort to identify and
notify owners or keepers of the impoundment of their animal pursuant to this chapter,
and such efforts shall be made for a reasonable period of time as determined by the
board by resolution. However, where the department manager complies fully and
makes every reasonable effort based on the situation to identify and notify such owners
and keepers, and where such efforts fail, resulting in the adoption or destruction or other
disposal of the animal, the department manager shall be deemed to have complied
fully with due process of law, and no owner or keeper shall be entitled to any
compensation for loss of the animal.
Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. 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
2
amendment thereto, and shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 5.
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 June . AD, 1995.
Mayor Freeman
Mayor Pro T em London
Commissioner Harvey
Commissioner Reich
Commissioner Douglass
yes
yes
yes
yes
yes
(SEAL)
Attest: DANNY L. KOLHAGE. CLERK
By.h!,~f~J~~
Deputy Cle~
By
EFFECTIVE DATE
b/ord/animall ,doc
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
July 5, 1995
CERTD'lIID MAIL
RETURN RECEIPI' REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No. 018A-1995
amending Sec. 3-8, Monroe County Code, in order to clarify that animals impounded by
the County may not be destroyed or adopted out during the initial five working days of
impoundment; 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.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in fonnal session on July 21,1995. Please note:
1b.is Ordinance replaces Ordinance 018-1995 amending Sec. 3-8, previously sent to you
with an incorrect number.
Please file for record.
Mrs. Liz Cloud
July 5, 1995
Page Z
Sincerely,
Danny L. Kolhage
Clerk or the Circuit Court
and ex officio Clerk to the
Board or County Commissioners
By: Ruth Ann Jantzen
~-tU ~~tf~:'1.1~)
Deput ' Clerk
cc: Municipal Code Corporation
County Attorney
County Administrator
Public Works Director
File
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Return Receipt Service.
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
July 10, 1995
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter dated July 5, 1995 and
certified copy of Monroe County Ordinance No. 018A-1995, which
was filed in this office on July 7, 1995.
Si~~
Liz Cloud, Chief
Bureau of Administrative Code
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JUL I3'95m1,-
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P.B. !�
We have received the following material, '
• Thank you for your assistance and cooperation.
Ordinance Nos. 018A-1995, O19_1995. 020-1995
and duplicate copy of Ordinance No. 012-1995.
F TO;
Does your listinn of city officials need Ms. Ruth Ann Jantzen
Clerk
updating?. Deputy)
Monroe County
Box 1950
KPy West, (L 930d0 •
•
1-800-262-CODE f tiaticlnal.i EDJ
`IN lift �1I�J H I��l Iy'111I1i1,�11 i lfll It
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KE1G\vEST
ITIZEN
Published Daily
- .
Key..\Vest, l\1onroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE:
Before' the undersigned authority personally appeared Randy Erickson, who on oath
says that he is Advei}ising Manager of The Key West Citizen', a daily ne\'r'spaper published
at Key West in Monroe County, Florida; that the attached .copy of the advertisement, being
a legal notice
in the matter of
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C)t
'::Cv,-1~V\'ll U ('-I { i\vv\-Qv",dt'~S
S-c e'f\ u" --S - ~
in thsv>l 0>.-
issues of fIICL '( ~ ~ <:\- Jv V1-"
court, 'Nas published in said nevvspaper in the
"-f) ~ C\ CLS
Aff.i?~t. f.urt.~,er ,q'?ys th.at the said The Key Viest 9itizen is a ne:vspape~ published at Key
West, in s'aid ,Monroe County, Florida', and that the said, news'paper 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 p~rjod of 1 year next preceding the first
publication of the attached copy of advertisement; end effiant further says that he has
neither paid nor promised any person, firm orcorporation any discount, rebate, commission
or refund for the purpose of securing this e.dvertisement for publication in the said
newspaper.
S~!..L
Oq ~qOG
Expires: #./> .
Personally Klio\'v'n {-- or Produced Identifice.tion
Type of Identification Produced
t y
LEGAL NOTICES
NOTICE;OF INTENTION TO CON-
SIDERNJOPTIOt4 OF COUNTY
ORDINANCE
NOTICE IS. HEREBY GIVEN TO
' WHOM IT MAY CONCERN that on .
Wednesday, June 21, 1995 at
10:00a.m. at the Key Largo Library,
Tradwinds Shopping Center, Key
Largo, Monroe County, Florida , the
Board of County Commissioners of
Monroe County,, Florida, intends to
consider the adoption of the follow-
; ing County ordinance:
ORDINANCE-1995 •
AN ORDINANCE AMENDING SEC. •
378, MONROE COUNTY CODE, IN •
ORDER TO CLARIFY THAT ANI-
MALS IMPOUNDED BY THE,
COUNTY MAY NOT BE DE-
STROYED OR-ADOPTED OUT •
DURING THE INITIAL FIVE WORK-
ING DAYS OF IMPOUNDMENT;
PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL
• ORDINANCES INCONSISTENT
HEREWITH;PROVIDING FOR IN-
CLUSION INTO THE MONROE____,'
COUNTY-CODE;AND f3ROVIDINU
. FOR AN EFFECTIVE DATE.I.
Pursuant to section 286.'0105;Flor- ,
ida Statutes, notice is given that if a
person decided to appeal any deci-
sion 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 hey may•need to
ensure that a verbatim record of the
' proceedings is made, which record
includes the testimony and evidence
upon with the appeal is to be based.
• Copies of the above-referenced ordi-
nance are available for review at the
various public. libraries in Monroe.
• County,Florida.
Dated at Key West; Florida,this 25th
day of May,1995.
' DANNY L.KOLHAGE
Cferk of the Circuit Court and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
May 28th&June 4th, 1995
"-
7ie
SBRVING THIS Ui:lt=t." K.V&
FOR OVER 10 YEAR8
BOX 1197 . TAVERNIER, FLA. 33070
(305) 862-3218
FAX 852-8248
DAGNY WOLPP
Bdltor . Puhl.....r
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, Rorida: that the attached copy of advertisement, being
a LEGAL ADVERTISEMENT
IN THE MATTER OF_NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of _ 6/1 and 6/8195.
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe
County, Rorida, and that the said newspaper has heretofore been continuously published in the said
Monroe County, Rorida, each week (on Thursday), and has been entered as second class mail matter at the
Post Office in Tavernier, in said County of Monroe, Rorida, for a period of one year next preceding the
first publication of the attached copy of advertisement;
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NOTARY PUBt'i~(,' MyConvnleelonOC4S1878
* ~ -;k E..pires Feb. 05. 1818
MY COMMIS~PIRES?"ded by ANB
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE.IS HEREBY GIVEN TO WHOM IT MAY CONCERN
that on Wednesday, June.21; 1995, at 10:00 A.M. at the Key Largo;
Library, Tradewinds Shopping Center, Key Largo, Monroe County,
Florida,the Board of County Commissioners of Monroe County,Florida,
intends to consider the adoption of the followi;.g County ordinance:
ORDINANCE NO.. 1995
AN ORDINANCE AMENDING SEC.3-8,MONROE COUNTY
CODE,IN ORDER TO.CLARIFY THAT ANIh/A:LS IMPOUNDED BY
THE COUNTY MAY NOT BE DESTROYED OR ADOPTED OUT
' DURING THE INITIAL FIVE WORKING DAYS OF IMPOUNDMENT;:
t PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR;
INCLUSION INTO THE MONROE COUNTY CODE;AND PROVID-
ING 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 a
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 25th day of
May,1995.
DANNYL. E'
- Clerk of the Circuit Court•
and ex officio Clerk of the
- • Board of County Commissioners
of Monroe County,Florida
,Published:6/1 and 6/8/95
The Reporter
Tavernier,FL 33070 •
_
PROOF OF PUBLICATION 'T
•
THE FLORIDA KEYS KEYNOTER .
Published Twice Weekly ••
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA ) •
COUNTY OF MONROE)
Before the undersigned authority personally appeared Tom Schumaker. who on oath, says that he/she is
Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of LnLentiQn To C jisid'
Orllice
IN THE MATTER OF: Ordinance Amending Sec. 3-8 Monroe Co. Code Adoption of County_ _—___r_ 1
Court was published in said newspaper in the issues of
• May 31, June 7, 1995
• no.2080100
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper NOTICE OF INTENTION
TO CONSIDER ADOPTION
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- . OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
paper has heretofore been continuously published in said MONROE COUN- WHOM IT MAY CONCERN that
on Wednesday,June 21, 1995,
TY, FLORIDA, twice each week (on Wednesdayand Saturday) and has been et 10:00 a.m.at the Key Largo Li-
brery,Tredewinds Shopping Cen-!
ter, Key Largo, Monroe County,
entered as second class mail matter at the post office in MARATHON, in Florida, the Board of County
Commissioners of Monroe Court-
said MONROE COUNTY, FLORIDA, for a period of one year next preceding i tL, Florida
ption inteofndsthe follo to consider
the first publication of the attached copy of advertisement; and affiant fur- County ordinance:
ORDINANCE NO. -1995
ther says that he has neither paid nor promised any person, firm, or corpo- . AN ORDINANCE AMENDING
SEC. 3-8, MONROE COUNTY'
ration any discount, rebate, commission or refund for the purpose of secur- ; CODE, IN ORDER TO CLARIFY
THAT ANIMALS IMPOUNDED I
BY THE COUNTY MAY NOT BE I
ing this advertisement for publication in the said newspaper.(SEAL) I DESTROYED OR ADOPTED OUT
DURING THE INITIAL . FIVE
WORKING DAYS OF IMPOUND-
MENT;PROVIDING FOR SEVER-
ABILITY; PROVIDING FOR RE,
PEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH;PRO-
VIDING FOR INCLUSION-INTO
4.......L... . .
THE MONROE COUNTY CODE;
AND PROVIDING FOR AN EF-
FECTIVE DATE. -.
Pursuant-to:Section_286.0105,
Florida Statutes, notice is given
MICHEAL R.FORRESTER athnayt ileac i aremdecet floee arad
Ai.OE pa
o My Comm Exp. 1/03/99 I with respect to any matter con-
(seal) tr ' ' Bonded By Service Ins I eidered at the hearing, he will
need a record of the proceedings,
g* PUBLIC and that, for such purpose, he
No. CC43� may need to ensure theta verba-
tim record of the proceedings is
. Poway Dons Milan D. made,which record includes the
testimony and evidence-upon
SWORN TO AND SUBSCRIBED BEFORE ME THIS 7t which the appeal is to be based.
. , Copies of the above-referenced
ordinance are available for review
• ,,If I at the various public libraries in
i i i ,k..l N n U J 0 E7 N G tJ Monroe County,Florida.
DAY O F June j ' d j P �{_1 U DATED et Key West,Florida,this
A.D. 1.9 93.•• - _ ---- 25th day of May,1995. ,
— ---�-- _ -- . '. ';1;' ,N N v I,! -- DAN NY L KOLHAGE
• Clerk of the Circuit Court
and ex officioClertc of the
/ '!n!' /� 7 d Board of County Commissioners
--- — � ', ^ /� X-- — —1. l' �+5• t+ Z Nnrof Monroe County,Florida
su�iyV tw/11 c6. Publish:May 31,June 7,1995
-- Florida Keys Keynoter
- 1
i
i •
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, June
21, 1995, at 10:00 a.m. at the Key Largo Library, Tradewinds Shopping Center, Key Largo,
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 AMENDING SEe. 3-8, MONROE COUNTY
CODE. IN ORDER TO CLARIFY THAT ANIMALS IMPOUNDED BY
THE COUNTY MAY NOT BE DESTROYED OR ADOPTED OUT
DURING THE INITIAL FIVE WORKING DAYS OF IMPOUNDMENT;
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 25th day of May, 1995.
DANNY L. KOLHAGE
Clerk of the Circuit Court and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
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County Attomey
ORDINANCE NO. -1995
AN ORDINANCE AMENDING SEC. 3-8, MONROE COUNTY CODE, IN
ORDER TO CLARIFY THAT ANIMALS IMPOUNDED BY THE COUNTY MAY
NOT BE DESTROYED OR ADOPTED OUT DURING THE INITIAL FIVE
WORKING DAYS OF IMPOUNDMENT: 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 3-8. Monroe County Code, is hereby amended to read as
follows:
Sec. 3-8. Seizures. destruction of animals a4udged nuisances;
disposal of impounded animals; compensation to 0Im8t"S.
When a court of competent jurisdiction adjudges an animal a
nuisance under this chapter or other law, the department manager or
authorized assistant may seize the animal and offer it for adoption. or
destroy it in a humane manner. The department manager may likewise
offer for adoption. destroy or otherwise dispose of any animal impounded
pursuant to this chapter where the fellewing: but only accordina to the
followina Drocedure. Unless determined by a veterinarian to be diseased
or in Dain, an animal may not be destroyed durina the first five worldna
days after imDoundment. In addition, an animal may not be adoDted out
or released to anyone other than its owner durina the first five worldna
days after imDoundment. If the animal is not destroyed accordina to a
veterinarian's determination or claimed by its owner durina the initial five
day Deriod, then the animal may be offered for adoDtion or destroyed if:
( 1 ) No owner exists: or
(2) An owner is not identified within five (5) working days after attempts
by the department manager to do so; or
(3) The owner exists but cannot be contacted after reasonable
attempts by the department manager to do so for a reasonable period of
time; or
(4) An owner has been contacted but has by his/her actions. failure to
act. or statements. indicated an intent to abandon the animal.
The department manager shall make every reasonable effort to
identify and notify owners or keepers of the impoundment of their animal
pursuant to this chapter. and such efforts shall be made for a reasonable
period of time as determined by the board by resolution. However. where
the department manager complies fully and mak~ 'every reasonable
effort based on the situation to identify and notify such owners and
keepers. and where such efforts fail. resulting in the adoption or
destruction or other disposal of the anima. the department manager shall
be deemed to have complied fully with due process of law. and no owner
or keeper shall be entitled to any compensation for loss of the animal.
Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. 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
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amendment thereto, and shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 5.
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 T em London
Commissioner Harvey
Commissioner Reich
Commissioner Douglass
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD Of OOUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
EFFECTIVE DATE
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