Subiect: Authority to Advertise a Public Hearing on a Proposed Amendment to the Pinellas County Animal Services Ordinance

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Mercy Briggs
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1 BOARD OF COUNTY COMMlSSlONERS DATE: April 20,2010 AGENDA ITEM NO. Consent Agenda Public Hearing Subiect: Authority to Advertise a Public Hearing on a Proposed Amendment to the Pinellas County Animal Services Ordinance Department: Animal Services Staff Member Responsible: Eugene Welch Agnew, Director Recommended Action: I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS (BOARD) APPROVE A REQUEST FOR A PUBLIC HEARING TO BE HELD ON MAY 4, 2010, FOR A PROPOSED AMENDMENT TO THE PINELLAS COUNTY ANIMAL SERVICES ORDINANCE ADDING THE DEFINITION OF DANGEROUS ANIMAL, PLACING RESTRICTIONS ON TETHERING DOGS, CHANGING THE REQUIRED HOLDING TlME FOR STRAYS, ALLOWING CITATIONS TO BE MAILED TO CITIZENS UNDER CERTAIN CIRCUMSTANCES AND PLACING A TlME LIMIT ON SUBMITTING MATERIAL FOR DANGEROUS ANIMAL INVESTIGATIONS. Summarv ExplanationlBacknround: The proposed changes modify the definition of Dangerous Animal to include animals that cause severe injury or death to a domestic animal on the first instance under certain circumstances. The attached places a time limit on submitting material for consideration for. dangerousanimal investigations to-ensure more rapid disposition. The new - : + addition places restrictions on how and when an animal may be tethered. Under these changes holding times for animals impounded at PCAS are changed from 10 days for animals whose owner can be identified and 5 days for strays to 7 days and 3 days respectively. '. ~ Fiscal lmpactlcostlrevenue Summary: None ExhibitslAttachments Attached: Strike-Through Version of Ordinance Clean Version of Ordinance Revised Page 1 of 1 wj

2 PINELLAS COUNTY ORDINANCE NO AN ORDINANCE OF THE COUNTY OF PINELLAS, AMENDING SECTION OF THE PINELLAS COUNTY CODE RELATING TO DEFINEIONS, SECTION RELATING TO LWLPOUNDMENT, SECTION RELATING TO DANGEROUS ANTMALS, ALL BE AMENDED; CREATING SECTION RELATED TO TETHERING; PROWDING FOR SEVERABILITY; PROWDING FOR INCLUSION IN THE PINELLAS COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA IN A lvieetilvg DULY ASSFMBLED M S DAY OF,2010, THAT: Section I. fo~ows: Section of the Pineb County Code is hereby amended as Sec Definitions. Dungerotrs animal means any animal that according to the recards of county animal services: (1) Has aggressively bitten, attacked or endangered or has innicted severe injury on a human being on public or private property; (2) Has more than once severely injured or killed a domestic animal while off the owner's property;,or has once... severelv iniured or killed a domestic animal while off the owner's property provided that the victim animal was not in violation of any of the provisions of the animal control code and did not instigate the altercation; (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has, when unprovoked, chased or approached a person in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifdly investigated by the appropriate authority. Seetiom 2. read as follows: Sedion of the Pinellas County Code is hereby created to

3 No person shall tether, fasten chain, tie. or restrain a dog, or cause an a dog to be tethered, fastened, chained. tied, or restrained, to a dog house, tree, fence, or anv other stationam obiect. Notwithstanding paragraph (a), a person may do any of the following: Attach a dog to a running line. ~ulley, or trolley system. A dog shall not be tethered to the running line, pulley, or trolley system by means of a choketvpe, pinch-we, prong-we, or irnuroperly fitting collar; 121 Tether, fasten, chain, tie, or otherwise restrain a dog pursuant to the requirements of a camping or recreational area: or Tether, fasten, chain. or tie a dog no longer than is necessarv for the person to complete a temuorary task that requires the dog to be restrained for a reasonable period. & In all cases where tethering is permissible the following conditions must be met: a The tether has the following properties: it is at least five (5) times the length of the dog's body, as measured h m the tip of the nose to the base of the tail; it terminates at both ends with a swivel: it does not weigh more than 118 of the dog's weight; and it is free of tangles; (21 The dog is tethered in such a manner as to prevent iniury, stranwlation, or entanglement; The doe; is not outside during a period of extreme weather, including without limitation extreme heat or near-freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes; The dog has access to water, shelter, and dry ground; The dog is at least six (6) months of age. Puvvies shall not be tethered; and I ~ The dog is not sick or iniured. Section 3. follows: Section of the Pinelias County Code is hereby amended as

4 See Impoundment. Unless otherwise provided by this article, an impounded animal with license or other owner identification shall be held for at least seven days, including the dav of impoundment. Im~ounded animals without such identification shall be held for three days includiw the day of impoundment. Dogs, ferrets or cats impounded for the observation of rabies shall be held at least ten days. The depositing of a letter of notification by first class U.S. mail shall constitute adequate notification of impoundment. The owner shall also be notsed by telephone, if possible. This section shall not apply to animals surrendered by the owner or an agent of the owner, in which case disposition may be made as provided in this article without notification or a holding period. At the expiration of the holding period, during which time a diligent attempt has been made to locate and contact the owner, the animal may be disposed of in the mmer provided in this article. Section 4. follows: Section of the Pinellas County Code is hereby amended as Sec Dangerous Animals. (a) The department shall investigate reported incidents involving any animal that may be dangerous and shall, if possible, interview the owner and require a verified statement from any person, including any animal control code enforcement officer or law enforcement officer, desiring to have an a&ml classified as dangerous. Sgch verified statements shall be submitted to the department within thirty (30) days of the incident, and shall include any photos, medical records, witness statements, etc. Section 5. Severability. If any section, subsection, sentence, clause, phrasey or provision of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such holding shall not be construed to render the remaining provisions of this O rhce invalid or unconstitutional. Section 6. Inclusion in the Pinellas County Code. The provisions of this Ordinance shall be included and incorporated in the Pinellas County Code, as an additk or amendment tketo, and s hd be qqmpktely; renumbered to conform to the uniform numberiug system of the Pinellas Comty Code. Section 7. Amendment of Proposed Ordinance at Public Hearing. If any section, subsection, sentence, clause, phrasey or provisions of this Ordinance as proposed may be amended, added, or deleted by majority vote of the Board ofcounty Co~masaresultofmattersraised&bpvblicheasitrgorin consultation with responsible authoritby then & mewhenls, addi&m, or &I& s h 2 L U b e v ~ ~ ~ o t r t ~ n a l a d ~ t 4 n t o r p u b l i c ~.

5 Section 8. Filing of Orbce; Effective Date. l?ursumt to Section , Fla. Stat., a certified copy of fhis Ordiaance shall be Bed with the Department of State by the Clerk of the Board of County Commissioners within ten (lo) days a* enactment by the Board of County 43mmkionm. This Urdhmce shall become emve upon filing of the Orb= with the Department of State.

6 PINELLAS COUNTY ORDINANCE NO AN ORDINANCE OF THE COUNTY OF PINELLAS, AMENDING SECTION OF THE PINEUAS COUNTY CODE RELATING TO DEFINITIONS, SECTION RELATING TO IMPOUNDMENT, SECTION RELATING TO DANGEROUS ANIMALS, AU BE AMENDED; CREATING SECTION RELATED TO IEIHERING; PROVIDING FOR SEVERABILIW, PROVIDING FOR INCLUSION IN THE PINELLAS COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDADWD BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORlDA IN A MEETING DULY ASSEMBLED THIS DAY OF, 2010, THAT: Section 1. follows: Section of the Pinellas County Code is hereby amended as Dangerous animal means any animal that according to the records of county animal services: (1) Has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property; (2) Has more than once severely injured or killed a domestic animal while off the owner's property; or has once severely injured or killed a domestic animal while off the owner's property provided that the victim animal was not in violation of any of the provisions of the animal control code and did not instigate the altercation; (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has, when unprovoked, chased or approached a person in a menacing fashion or apparent attitude of attack provided that such actions are attested to in a sworn statement by one or more persons and dutil%lly investigated by the appropriate authority. Section 2. read as follows: Section of the Pinellas County Code is hereby created to

7 Sec UnlavtM Restraint of Dogs. (a) No person shall tether, fasten, chain, tie, or restrain a dog, or cause an a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object. (b) Notwithstanding paragraph (a), a person may do any of the following: (1) Attach a dog to a running line, pulley, or trolley system. A dog shall not be tethered to the running line, pulley, or trolley system by means of a choke-type, pinch-type, prong-type, or improperly fitting collar; (2) Tether, fasten, chain, tie, or otherwise restrain a dog pursuatlt to the requirements of a camping or recreational area; or (3) Tether, fasten, chain, or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period. (c) h all cases where tethering is permissible the following conditions must be met: (1) The tether has the following properties: it is at least five (5) times the length of the dog's body, as measured fiomthe tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than 1/8 of the dog's weight; and it is fiee of tangles; (2) The dog is tethered in such a manner as to prevent injury, strangulation, or entanglement; (3) The dog is not outside during a period of extreme weather, including without limitation extreme heat or near-freezing ternpentms, thunderstorms, tornadoes, tropical storm, or hurricanes; (4) The dog has access to water, shelter, and dry ground; (5) The dog is at least six (6) months of age. Puppies shall not be tethered; and (6) The dog is not sick or injured. Section 3. follows: Section of the Pinellas County Code is hereby amended as

8 Sec Impoundment. Unless otherwise provided by this article, an impounded animal with license or other owner identification shall be held for at least seven days, including the day of impoundment. Impounded animats without such idenw~cation shall be held for thee days including the day of impoundment. Dogs, ferrets or cats impounded for the observation of rabies shall be held at least ten days. The depositing of a letter of notification by first class U.S. mail shall constitute adequate notification of impoundment. The owner shall also be notified by telephone, if possible. This section shall not apply to animals surrendered by the owner or an agent of the owner, in which case disposition may be made as provided in this article without notification or a holding period. At the expiration of the holding period, during which time a diligent attempt has been made to locate and contact the owner, the animal may be disposed of in the manner provided in this article. Section 4. follows: Section of the Pinellas County Code is hereby amended as Sec Dangerous Animals. (a) The department shall investigate reported incidents involving any animal that may be dangerous and shall, if possible, interview the ownex and require a verified statement fbm any person, including any animal control code enforcement officer or law enforcement officer, desiring to have an animal classified as dangerous. Such verified statements shall be submitted to the department within thirty (30) days of the incident, and shall include any photos, medical records, witness statements, etc. Section 5. Severability. If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such holding shall not be construed to render the remaining provisions of this Orwce invalid or unconstitutional. Section 6. Inclusion in the Pinellas County Code. The provisions of this Ordinance shall be included and incorporated in the Pinellas County Code, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Pinellas County Code. Section 7. Amendment of Proposed Ordinance at Public Hearing. If any section, subsection, sentence, clause, phrase, or provisions of this Ordinance as proposed may be amended, added, or deleted by majority vote of the Board of County Commissioners as a result of matters raised at the public hearing or in consultation with responsible authorities, then such amendments, additions, or deletions shall be validly adopted without additional advertisement or public hearing.

9 Section 8. Filing of O rkce; Effective Date. Pursuant to Section , Fla. Stat., a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This Ordinance shall become effective upon filing of the Ordinance with the Department of State.

11 STATE OF FLORIDA COUNTY OF PINELLAS I, KEN BURKE, Clerk of the Circuit Court and Ex-officio Clerk to the Board of County Commissioners, in and for the State and County aforesaid, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of an Ordinance adopted by the Board of County Commissioners of Pinellas County, Florida, on relative to: ORDINANCE NO. 10- AN ORDINANCE OF THE COUNTY OF PINELLAS, AMENDING SECTION OF THE PINELLAS COUNTY CODE RELATING TO DEFINITIONS, SECTION RELATING TO IMPOUNDMENT, SECTION RELATING TO DANGEROUS ANIMALS, ALL BE AMENDED; CREATING SECTION RELATED TO TETHERING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE PINELLAS COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE. IN WITNESS 'WHEREOF, I hereunto set my hand and official seal this, f o day KEN BURKE Clerk of the Circuit Court and Ex-officio Clerk to the Board of County Commissioners By: Deputy Clerk

the City Council has previously adopted ordinances regulating animal control; and

the City Council has previously adopted ordinances regulating animal control; and ORDINANCE NO. 2015-11 AN ORDINANCE OF THE CITY OF SAGINAW, TEXAS, REVISING REGULATIONS GOVERNING ANIMAL CONTROL AND DANGEROUS DOGS BY AMENDING CHAPTER 6, " ANIMALS," OF THE SAGINAW CITY CODE TO PROHIBIT